• Property to transfer

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
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

No you can't, unless he has been declared dead

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99835 Answers
8148 Consultations

File suit for declaration that your father is dead 

Ajay Sethi
Advocate, Mumbai
99835 Answers
8148 Consultations

Hi, file legal heir certificate in court 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File for declaration of civil death in the civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes after 7 years he will be presumed dead and after that with courts order you can

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

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

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Consult a local lawyer with details regarding

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

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

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

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.

 

 

 

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

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

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

1. He is missing but it is not certain if he is alive or deceased.

2. Unless there is a declaration of his death from the civil court you cannot succeed to his properties. You may file a suit for declaration of civil death of your father.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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