My mother had a self-acquired house in her name. She has now expired. When she was alive she was living with me and I took very good care of her. With her written consent the khata of the house was transferred in my name when she was alive. From 1993 I am paying the house tax in my name. My mother passed away in 2000. I have an elder sister who filed for a partition deed of the house in 2015. She died on 20/01/2019. She has five children who are now appearing in the court. They have produced her mother's (my sister's ) death certificate. My mother's death details are not available in the City Corporation office. They are unable to issue the death certificate of my mother for want of details. Will my sister's children get a share in the property. Whose onus it is to produce the death certificate of my mother ? Me or my nephews. Please guide me sir ji V R Shetty Teli Mysuru
Ji, as your mother died in the year 2000 why did not you inform the Mpl/local body and get the death certificate of your mother. Now you shall give notarised affidavit that your mother is expired during the year 2000. It is also better to take help of your Ward Councillor.
Do not worry about the suit, the onus of the burden of proof rests on your sister's family. Your local advocate who is defending your case may provide correct guidance on the basis of the alleged written consent given by your mother during her life time and what were her intentions of dealing with her self acquired property. There are several ways to find out the date of death and if it is registered and certificate not being provided to you by Corporation, you can just issue a notice to them seeking such certificate.