2005 Connecticut Code - Sec. 47-33. Action to settle title to land belonging to estate of deceased person.
Sec. 47-33. Action to settle title to land belonging to estate of deceased person.
(a) In any action brought to quiet the title to real estate or to have declared invalid or to
discharge or to foreclose any mortgage or lien on real estate, if any record owner of the
title to such property or any interest therein, or of property on which there is a cloud, is
dead and no notice of his death or of the appointment of an executor of the will or
administrator of the estate of the decedent can be found in the land records of the town
in which the real estate is situated, it shall be presumed for the purpose of the action, if
brought pursuant to the provisions of section 52-69, that there is no such executor or
administrator unless it appears in the affidavit filed pursuant to the provisions of said
section that the plaintiff or his attorney has actual knowledge to the contrary. If the
plaintiff does not know whether the record owner is then living, he may make defendants
in the alternative the record owner if living and, if the record owner is not living, the
parties designated in said section.
(c) In any such action, if the complaint is verified by affidavit, or if affidavits of fact are filed in court, the court may render such judgment therein, against any defendant not appearing to defend the action, as may be proper upon the facts so set forth, at any time, at its discretion and without further proof.
(1949 Rev., S. 7122; P.A. 79-602, S. 52.)
History: P.A. 79-602 divided section into Subsecs. and made minor changes in wording.
Action against deceased person not brought in compliance with statute a nullity. 117 C. 47.
Cited. 30 CS 135.
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