Hridom Bose
in Property Law Family Law Civil Law
Asked August 10, 2017

Legal Issues on property sold without a family member who has been absconding for past 30 years

  • 2 Answers
  • 35 Views

Can a person ask for share in property who is deserted since 30 years as a family consisting of five brothers out of which one has left home 30 years back and never returned. Now an ancestral property was sold without the absconded brother. Kindly suggest me if any legal issues will arrive now? Thank you

Answers 2

Any member who has disappeared for long time nust be declared dead by the competent Court. If not done so, and he is not survived by any heirs, then he can surface and demand his share. No escape. But this litigation will stretch too long for him. 

Agree Comment 0 Agrees 7 days ago

Not likely , as there is a limitation of time is applicable here too; after 30  yrs absconding he will be treated dead like in IPC if a spose is not traceable for seven yrs or more he is t be treated as dead.

 

 

Agree Comment 0 Agrees 7 days ago

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