Sale of property belonging to my dad who has gone missing Sale of property belonging to my dad who has gone missing

2 years ago

Hi,
Just want guidance if it's possible to sell residential property belonging to my dad who has gone missing for more than a year now. The property is only in my fathers name . Is it correct that family/kin would have to wait for 7 years until the law assumes that the missing person is not alive?

Anik

Responded 2 years ago

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A.Dear Client
You cannot sell the property unless your father has been declared dead by the court. However, you must file a report of missing in the police station.
Thanks
Regards
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.You cannot sell the property of your father when he is missing for only one year. It is necessary to know whether you had made any missing diary in this regard in local police station , whether paper publication had been done in this regard and whether police is investigating on this issue otherwise even after expiry of seven years from the date of missing of your father, you cannot succeed in taking appropriate legal steps for declaration of your father's death. Until and unless your father's death be declared by the competent Civil Court, your father's legal heirs and heiresses cannot get the legal right to sell the properties of your father.
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