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We are three brothers. The youngest one ran away at the young age of 15 and there was no news about him for the last 14 years. We filed a police complaint and made all enquiries through available channels. During this period our parents passed away and we got the properties divided between the two of us. Now the brother has come back and he is claiming his share. Is there any way to solve this unexpected problem?

- by Ramanujam, Jayanagar, Bangalore

It seems your parents died without leaving any will. That being so, you three brothers are entitled to enjoy the property in equal proportion. A person missing does not mean that he is dead. But According to law, if a person is missing for 12 years he is presumed to be dead. Having come back, your brother is entitled to 1/3 rd share of the properties even though he was absent from the scene for about 14 years.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.