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Death certificate and legal heir certificate

(Querist) 16 September 2020 This query is : Resolved 
Sir
I'm from Tamilnadu Hindu family.
My grandfather died intestate in 1960 leaving behind his son (x) and daughter(y).
I'm the son of his daughter.
After the death of my grandfather the revenue details got mutation to his son X name only. Now we have conflict with the property. We are planning for filing partition suit in court.
The property is the self acquired property of my grandfather.
After his death, the death was not registered.
How to get the death and legal heir certificate now??
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Quick Summary
This discussion addresses obtaining a death certificate and legal heir certificate for a property dispute stemming from a grandfather's intestate death in 1960. While delayed registration might be possible, the lengthy time lapse means alternative evidence may be needed for court. The mutation of property records solely in the son's name without proof of death is questioned. It's advised to consult a local lawyer, gather all documents, and consider affidavits as evidence due to the time elapsed. A partition suit has been filed, and the legal process will continue based on the opposing party's response.

Rajendra K Goyal (Expert) 16 September 2020
Generally, there exist a procedure for delayed registration of death. If procedure exist avail the same.
You can apply to the revenue authorities for grant of legal heir certificate.
In the present case, approximately 60 years have passed, both steps may not be possible.
In the court you have to depend on other evidence.
Shilesh Patel (Expert) 16 September 2020
Discuss with the local lawyer with all documents.
kavksatyanarayana (Expert) 16 September 2020
How did the mutation get in the name of the son (X) after your grandfather's death? Without the death certificate or a Will or some other proof might be there for mutation.
Dr J C Vashista (Expert) 17 September 2020
Hypothetical and unbelievable facts of the post.
Rajendra K Goyal (Expert) 17 September 2020
You should take all copies submitted by other party at the time of Mutation. There is possibility of getting some proof for the same.
Isaac Gabriel (Expert) 18 September 2020
Mutation could. be.effected on the srength of.the local enquiru, without your knoledge.However you can make application befure the revenue athorities making your claims.
P. Venu (Expert) 04 October 2020
In light of the facts stated, the death certificate is not an absolute requirement in filing the suit for partition.
Guest (Expert) 04 October 2020
First apply for Encumbrance Certificate for the concerned Property to know the status and also apply for the copy of documents at the concerned Registrar Office. With all this discuss with an Local Good Advocate and Legally proceed. Even Affidavits would be accepted by courts with regard to death etc since it is almost 60years now. Discuss with local Good Advocate please.
Prajesh Jehan (Querist) 05 October 2020
Thank you sirs
We filed a partition suit.
My uncle family haven't replied for our legal notice.we waited for more than 2 months .We filed a partition suit.
Guest (Expert) 05 October 2020
Proceed with your Partition Suit which would certainly fetch you the Remedy.
P. Venu (Expert) 05 October 2020
Any further course depends upon their pleadings in the Written Statement. Any how, it is well settled that a mere mutation in the revenue records does not create or divest anyone of title to property.

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