Sir, We are planned to sell our property (0.3 acre of land) situated at Pasupathipalayam, Karur 639004. The land is registered in our father's (late) name. The total number is legal heirs of this property is (Eight) 8,out of which one legal heir is missing. We put maximum efforts to find out the missing legal heir but is null and void. We all are want to sell the land without the missing legal heir. Is it possible to sell the land without the missing legal heir?. If is so, what are the documents to be produced to the registering authority? or any other alternative legal procedures are exist.
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Was missing FIR lodged .?
2) You would be required to file a Civil Suit for Declaration seeking a declaration that your sibling , on account of being missing and untraceable for more than 7 years, may be treated as deceased.
3) other legal heirs can sell their share in property
4) under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs
1.Yes,since he is untraceable and it would take at least seven years of wait to declare as person civilly dead you better sale the this proeprty.
2.While selling this joint property you will have to keep aside the undivided sahre of the said untraceable joint owner and sell your respective share.
3.Selling of undivided sahre is permissible under law.
4.For this noi separate document is required to be made.
Sir, Missing FIR was lodged. As far as answer A 2 concerned, have we to wait for 7 years till arrival of declaration from Civil Court? Can we sell the property by producing a affidavit stating that we are all responsible and ready to give the share amount to the missing heir as and when he returns
My advice is to sell the proeprty leaving the share of the untraceable member.
For sale of sibling one eight share you need declaration from civil court that he be treated as dead
You cannot sell his share by producing affidavit that you are willing to give his share amount as and when he returns
The land is registered in our father's (late) name. The total number is legal heirs of this property is (Eight) 8,out of which one legal heir is missing. We put maximum efforts to find out the missing legal heir but is null and void. We all are want to sell the land without the missing legal heir. Is it possible to sell the land without the missing legal heir?. If is so, what are the documents to be produced to the registering authority? or any other alternative legal procedures are exist.
Even if you are willing to sell the property without the signature of the missing legal heir, the buyer may not agree to this, he may insist on the signature of the missing heir.
When onward the said heir is missing and whether there is no whereabouts known about him?
Did you make any complaint with the local police about man missing?
At this stage if the missing heir is not traceable, you may have to exclude his share of property from the sale deed and can sell only the shares of the other available heirs jointly or singly.
Missing heir's share of property cannot be sold by other shareholders without declaring the missing heir as civil dead through court competent
As far as answer A 2 concerned, have we to wait for 7 years till arrival of declaration from Civil Court? Can we sell the property by producing a affidavit stating that we are all responsible and ready to give the share amount to the missing heir as and when he returns
This is not acceptable in law.
This will amount to cheating and illegal in law.
You can partition the property into 8 shares, leave one share aside and sell the other 7 shares jointly.