1) when did he go missing ? was missing complaint filed? if your dad had gone missing for 7 years then only can he be declared legally dead by court .

2) As per the Section 108 of the Indian Evidence Act, a person is presumed to be dead if he is not heard (of being) alive for more than 7 years.

3) your mother can make application to court . on her application court would declare him to be legally dead as he could not be traced inspite of efforts by police

4) your father share would be inherited by all his legal heirs ie your mother and you . then only after carrying out mutation of name in revenue records should property be sold

is there any will of your father by which his share was trasnfred to you or your mother ,incase of no will his share will be distributed between you and your mother,best would be you give RD in favour of your mother so that the property gets transfred in her name and after that she can sell it to anybody

relinquish deed in favour of your mother,when she is not the owner then how can sell she the property

In the instant property your father and mother were joint owner,so they had equal share i.e.50% each.If your father died intestate(without left any WILL) then your mother is now hold 50 plus another 50 will be divided equally between your mother, you and your brother or sister if any.So,your mother can not sell absolute property without your consent or relinquish your share to your mother by a registered Deed of Gift.

as replied earlier

if your father died without any ill on his death 50%share of your father would be inherited by your mother , you and your brother or sister . other legal heirs can execute relinquishment deed in favour of mother . she would then be 100%owner of property . she can then dispose of the property . she cannot other wise sell the land without consent of other legal heirs

RD from you and your sister to your mother and mutation in the name of your Mother.

thanks for your appreciation . execute relinquishment deed it attracts nominal stamp duty . get it registered . apply for mutation of property in your mother name . then sell the property

not more than 6 months

that you will have to find out in durgapur

we do not know any lawyers in durgapur . we cannot suggest what would be the actual costs of relinquishment deed and mutation of property

thanks for your appreciation

The land was registered jointly in your father and mother's name which implies that your father and mother were joint owners thereof. Your father died some years back. After the death of your father his share in the land passed on to you, your siblings and mother in equal proportion. Your mother can sell her cumulative share in the land i.e her 50% share as a joint owner and also the share which devolved on her after the demise of her husband. I suppose the property has not been mutated after the demise of your father. Your mother cannot sell the entire land as her ownership does not extend to the entire land.

The only event in which your mother can sell the entire land is if all the heirs relinquish their share in her favour by making a relinquishment deed.

If there is consensus among all the heirs then a lawyer can be engaged and it shall not take more than 2-3 days to complete the process. As for costs and legal fee you should inquire this from a local lawyer.