CIVIL DEATH by Affidavit

Querist : Anonymous (Querist) 31 March 2011 This query is : Resolved
Is it possible to Declare CIVIL DEATH by Affidavit for property mutation?

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Devajyoti Barman (Expert) 31 March 2011
No, a civil court decree in this respect needs to be obtained.

Arvind Singh Chauhan (Expert) 31 March 2011
Yes it may be, through affidavit and other evidence (oral or documentary), because mutation is a summary procedure and only a fiscal proceeding. It does not confer title or right. Which can be challenged any time.

R.Ramachandran (Expert) 31 March 2011
Dear Mr. Arvind,
I am afraid that Civil Death cannot be declared by Affidavit by any individual concerned.
Rather, as rightly pointed out by Mr. Barman, the declaration has to be made only by a Civil Court upon moving an appropriate petition in this regard.
Otherwise, if what you say is to be accepted, any tom, dick and harry can give an affidavit, get the property mutated and the other fellow has to challenge.

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