• Death certificate

Hi All,
We have a ancestors property in karnataka.the owners of the property are my Father , and his two brothers.one of his brother expired 20 years back.my father didn't obtained any death certificate for this.when we checked in municipality there are no records found.because of this we are unable to sell this land.
Please suggest how to remove name of that deceased person from the property deed also suggest how to get death certificate
Asked 4 years ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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10 Answers

you need to approach the court for getting the death certificate of your uncle.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) did he die in hospital ?

2) do you have doctor certificate of his death

3)death is not registered within 21 days of its occurrence, permission from the Registrar/Area Magistrate, along with the fee prescribed in case of late registration, is required.

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. Getting death certificate of a person who dies 20 years ago is no more possible from the local Municipality.

2. However now to fulfill the need of his death certificate you can make an affidavit done from the Magistrate on this account.

3. Another option is to make application in the local Magistrate court under Registration of Births and Deaths Act, 1969.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

For issue of a death certificate, first the death is required to be registered.

In India, it is mandatory under the law i.e. Registration of Birth & Deaths Act, 1969 to register every death with the concerned State/UT Government within 21 days of its occurrence.

A death can be reported and registered by the head of the family, in case it occurs in a house; by the medical in-charge if it occurs in a hospital; by the jail in-charge if it occurs in a jail; and by the headman of the village or the in-charge of the local police station in case the body is found deserted in that area.

The death has to be registered with the concerned local authorities within 21 days of its occurrence, by filling up the form prescribed by the Registrar.

If a death is not registered within 21 days of its occurrence, permission from the Registrar/Area Magistrate, along with the fee prescribed in case of late registration, is required.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

If the dearh certificate is not available then you will have to file a declaration suit to this effect in the civil court and thereafter only the land can be transferred.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

The following procedure will be adopted as per following Act. You may visit our office for detailed discussion.

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Registration of Births and Deaths Act, 1969

http://des.kar.nic.in/docs/crs/RBD1969E.pdf

13. Delayed registration of births and deaths (1) Any birth or death of which information is given to the Registrar after the expiry of the period specified there for, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed. (2) Any birth or death of which delayed information is given to the Registrar after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the State Government. (3) Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a Magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee. (4) The provisions of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefor and any such birth or death may be registered during the pendency of any such action.

BBMP PROCEDURE

http://bbmp.gov.in/documents/10180/456501/FAQs+(Statics+English).pdf/d4ca9b70-668c-45c4-a0f2-5b51df341e4e

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Removing the person is not possible because he got the right by way of succession after the death of his father. Registration of births and deaths is carried out according to the Registration of Birth and Deaths Act, 1969. According to the Act, if a birth or death occurs in a hospital, it is mandatory for hospital authorities to record the details of the birth or death and inform the Registrar of Births and Deaths. In Bengaluru, a Medical Officer, Health (MOH), BBMP, is the Registrar. The function is part of the Department of Statistics under the authority of the Joint Director, Statistics.

If a death occurs at a hospital, a relative should fill Form 2, which the hospital will then send to the BBMP office. The hospital will give the Cause of Death Certificate free-of-cost as soon as the death occurs. The MOH will provide the death certificate, which can then be collected at a specified date.

If death occurs at home, Form 2 can be filled later at the BBMP zonal office. Applicants have to submit documents including the Cause of Death and cremation certificates, after which the registrar conducts an inquiry and the certificate is issued.

Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order of a Magistrate of the first class or a Presidency Magistrate under section 13(3) and on payment of a late fee of rupees ten.

Apply to the municipal authority to get the death certificate stating the name of your Uncle & date of death.

in your case obtain a negative certificate which state that your uncle death is not registered in there record & hence no death certificate can be given. After obtaining the above mentioned certificate, you have to apply in the court of Judicial Magistrate First Class against the Municipal Authority & make prayer to registered your uncles death in their register.

You have to submit proofs or evidence along with your application. The Court will record your deposition as well as deposition of concerned officer of Municipal Authority & thereafter pass suitable order in your favour. After the order from the court the Municipal Authority will register your uncles death n there register & you have to pay the late fees & there after you will get your death Certificate.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

Sir an application before the magistrate court has to be filed for direction to Municipal department to make the death certificate of your uncle. A affidavit along application stating cause and date of death has to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Get the death certificate from municipal corporation by submitting written document given by doctor citing death when he died.

And then on the basis of that death certificate you can do the next procedures.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

After obtaining non availability certificate from municipality about the death records, you can file a Petition before jurisdictional magistrate court seeking direction to the municipal commissioner to register the death and issue certificate accordingly.

His name cannot be removed from the property, his legal heirs shall be entitled to inherit his share in the property.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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