How to sell inherited property if co-owner is missing?
A family jointly owns inherited property and wishes to sell it with mutual consent. However, one of the co-owners has been untraceable for years. How can the entire property, including the share of the missing owner, be sold legally?
Dear client, Since the co-owner of the concerned property has been missing for years, you must initiate the procedure to obtain the death certificate of the person. Once this is obtained, the property will be inherited by the legal heirs of the missing person, by way of succession. thereafter, the property can be sold with the mutual consent of all the co-owners. I hope this answer helps. In case of furute queries, please feel free to contact use. Thank You.
Dear Client, If the said co-owner has been missing for more than 7 years, you must file for a civil court declaration of death under Section 108 of the Indian Evidence Act, 1872. Once this certificate is obtained, the legal heirs of the missing person will inherit the missing person’s share in the property, and property can be sold accordingly. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
You can approach the civil court and file a partition suit. The court may allow sale of the property and keep the missing owner's share aside. You will need to show efforts made to locate the missing person. Once approved, the rest of the owners can proceed with the sale. It is advised to consult an expert property lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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