Q.1223 How to sell inherited

property in India where on

owner missing

Question: Hello, Recent changes in Indian law has led the land, in the name of my recently deceased father's name, to be passed down to my mother and 3 sisters. We are all UK citizens. We have a buyer waiting to complete purchase but due to 1 absent/non-cooperative sister who we have lost contact with for over 10 years and cannot be located, we are struggling on how to press forward and complete sale. One solicitor has suggested we produce an affidavit, whilst another suggests power of attorney and another says advertise missing persons. With the days running low to our trip to India, we are very confused on the best foot forward to solving this problem. We would welcome any direction or advice. Regards Answer: Some questions that come to mind after reading your email. • If you have no contact with your sister since 10 years how can you say she is not cooperative? • Is she absent on purpose to stop the sale? Or have you all drifted apart due to circumstances and her address is unknown. • Who does the solicitor suggest you to get an affidavit from? • Who does the lawyer suggest getting a power of attorney from? Taking into consideration that one sister is missing. • Advertising in missing persons to me appears to be the best starting point. You should at least be in a position to show that attempts were made to contact the missing sister. Lawyers in India will come up with many creative suggestions that may or may not be legal. Since you are in UK you should be able to find many lawyers familiar with Indian law. Check with a UK lawyer first as to the best way to proceed.