1) Is Registration of Power of Attorney in respect of transfer of immovable Property compulsory in the state of Maharashtra and Gujarat? If yes, since when it is compulsory in both these states separately.
Registration of power of attorney is mandatory across the country in all the states after the supreme court judgement in the year 2012 December.
2) If a person is untraceable for the last fifteen years, can his death certificate be prepared and whether interest in his flat can be transferred to his wife if she is nominee as per the society records? If yes, what is the procedure to vest legally valid title in favour of his wife so that she can further transfer the flat ?
If a person is untraceable for more than seven years he can be declared as civil dead, but for that a complaint under man missing should have been filed with the police, who after a stipuated time shall issue non-traceable certificate after which to apply for declaration suit for civil dead under the provisions of Indian evidence act section 108:
The Indian Evidence Act,1872
108. Burden of proving that person is alive who has not been heard of for seven years. -
Provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.
First of all get a police certificate that missing person is not traceable,then file an application with the authority concerned to treat him dead as 7 years have already passed referring provisions of section 108 of the evidence Act and make a prayer to release his service benefit in favor of his heirs/widow.
If the authority grants you the prayer of service benefits then you need not file any suit but in case the authority rejects you to grant your prayer a cause of action has arisen to you,then in case appointment employer is any government authority,you need to issue a legal notice under section 80 C.P.C. FIRST BY REGISTERED POST WITH ACKNOWLEDGEMENT DUE AND AFTER PASSING OF 60 DAYS TO BE COUNTED FROM THE DATE OF SERVICE OF NOTICE YOU NEED TO FILE A SUIT IN THE COURT OF CIVIL JUDGE.