GPS holder missing GPS holder missing

3 months ago

A second floor in faridabad which was sold by mr.BK(registry holder) to ms D through agreement to sell, but ms D asked mr.Bk to give power of attorney to mr GK (a friend of ms.D) . GPA was done in name of mr.GK but after few years ms.D died and her legal heirs (two brothers) also died recently.

Now mr.BK and mr.GK are not traceable any way perhaps they died few yrs ago.

Original sale agreement and GPA are available with nephews of ms.D.
Now how this property can be sold?

I wish to purchase this property as I am the owner of ground floor in same building.
Kindly suggest a feasible solution.

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
A nephew is categorized as a Class 2 heir under Sec.8 of the Hindu Succession Act, 1956 and in the absence of Class 1 heirs, an intestate property of the deceased owner is devolved upon the Class 2 heirs. So, let the property be devolved upon the Class 2 heir, i.e. nephew Ms. D( brother's daughter) of the deceased owner following the provision of the law of succession (HSA). Until and unless Ms D, nephew becomes the owner of the property, she cannot dispose off or sell out the property to others.
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