• Agreement of Sale Cum Irrevocable General power of attorney

In 2002, my father, without our knowledge, made a sale deed with a financer for Rs. 3 lakhs ( now property worth around 70 lakhs) and he fled since then and there are no whereabouts of him. After few years, we got our original property documents back. Now my mother wants to sell the property to pay off his debts. 
May I know how she can sell in my father's absence since it's been 12 years already. Is my mother eligible to sell? What's the legal solution? Please help! We will be very thankful if you can give your valuable advice.
Thank you.
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
you will have get your father officially declared presumed dead from the court as you or your any relative has not heard about him for the last 7years
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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have you file missing complaint with local police police station . ?As per the Section 108 of the Indian Evidence Act, a person is presumed to be dead if he is not heard (of being) alive for more than 7 years.you can file declaration suit for his death. the supportive documents will be FIR Copy, Affidavit of the plaintiff & if there are other witness affidavit too
Ajay Sethi
Advocate, Mumbai
26135 Answers
1421 Consultations
5.0 on 5.0

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