No you can't, unless he has been declared dead
My father was missing in year 2009 he belongs land 1.2 acre case was field in 2009 in dichpally now I want to transfer this property on me can I
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From police station I bought FIR he is missing from 2009to till now
According to the provision contained in Section 108 of the Evidence Act, if before any Court a question arises as to whether a person is dead or alive, the Court can legitimately draw the inference mentioned in that section if it is proved that he has not been heard of for seven years by those who would have naturally heard of him if he had been alive.
2)you have to file suit for declaration in civil court that your father dead as he was not heard of for 7 years . rely upon missing person report filed by you in local police station seven years before
3)the Court will insist upon notice of the application upon all those persons who might become natural heirs of the deceased if the death occurred at any particular time or times during the period of the said seven years and after hearing those persons, the Court will come to the conclusion whether deceased was really dead.
4)you can on basis of said declaration by court apply for mutation of property in your name and other legal heirs
You need to file a civil case for declaring your fathers civil death since he is not traceable from time before the civil court.
Further for proof the FIR and report on same from 2009 can be placed.
if a man is missing since more than 7 years then he will considered as dead in the eye of law. you should file a case for declaration of your shares in the properties of your father. and the property will be yours
1. Based on the Police Report and Affidavit of Local Residents as witnesses, file a "declaration suit", in the local civil court, and for directions to the local tahsil office to transfer the land in your name. This would be more than sufficient for all legal purposes.
You have to get court order of his legal death for not heard from 7 years than on the basis of order, land will inherit in you and your mother. Than you can trasfer it in joint ownership or solely in your name.
Hi
Since your father has been missing from 2009, you along with other legal heirs should apply for succession certificate from the court .
The court will then issue orders for succession( as in indian laws, if a person is unheard of for 7 years by his nearest relatives, then he is presumed dead) after hearing all of the legal heirs.
Once the court issues a succession certificate, you can transfer the 1.2 acre land in your name based on settlement deed amongst the legal heirs.
Legal heirs are wife, son, daughter and mother in case of a male hindu under Hindu succession act.
If your father is missing from 2009 and if you have taken action to declare him as civil dead by following the legal procedures to this effect and if the court has declared him as missing or civil dead, then the properties left behind by him shall devolve equally on all his legal heirs including your mother.
Thus you cannot get the properties transferred to your name alone while there are other legal heirs to your missing father.
If no action to declare him as missing or civil dead had been taken so far then nobody can avail his property without following the step for filing the suit for declaration.
Just a FIR from police station for man missing will not make you an owner of the property left behind by our missing father.
You have to file a suit to declare him as missing or civil dead based on the non traceable certificate issued by police