Land registration.aunt is not alive

mathi (Querist) 21 September 2020 This query is : Resolved
Hi Sir,
Aunts are not alive and her children's where abouts are not known.

My grandfather died 35 years ago. My father is the only son alive. Two aunts are dead. Land is still on my grandfthers name.

All are agricultural land. We are cultivating . Now we are planning to transfer land from my grandfathers name to my name.

Since we don't have death certificate of my grandfather, we are planning to apply.
The question is my aunts are dead and not sure about her heiers where about.

Do we need to include my aunt's name while applying for Death certificates for my grandfather. ?

If we include my aunt's name in the death certificate , how to do we get the signs of my aunts children during land registeration( as we don't have the aunts children's contact details).
Please advice me .
thank you.

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Quick Summary

This discussion concerns transferring agricultural land registered under a deceased grandfather's name. The user's aunts are deceased, and their children's whereabouts are unknown. The main challenge is proceeding with land registration without death certificates for the grandfather and potentially needing to account for the deceased aunts' heirs. Advice suggests publishing a public notice and filing a police report to locate missing heirs, which could lead to an ex-parte decision if no one responds. While death certificates might not be strictly mandatory, they can be obtained by family members. The property is considered jointly owned by all legal heirs, even if their current location is unknown.

kavksatyanarayana (Expert) 21 September 2020
Give a Public Notice in the largest circulated daily Newspaper for their whereabouts. And also make a complaint in the police station regarding their missing for a long time. Then only obtain the death certificate and legal heirs certificate along with the copy of the Public Notice given in the Newspaper and copy of the report given by the Police.

Sudhir Kumar, Advocate (Expert) 22 September 2020
You can get ex-parte decision if none responds to public notice.

Rajendra K Goyal (Expert) 22 September 2020
Where abouts of aunt and her children are not known, they are legal heirs of Grand father’s property. Their missing can not deprive them from their right.
Two aunts are dead, their legal heirs would attain the heirship rights.

Though death certificate may not be mandatory, you can get a copy from the office of birth and death registrar.
Death certificate copy can be obtained by any family member, no need to apply from all legal heirs.

P. Venu (Expert) 22 September 2020
Your father can apply and get the death certificate.

On the death of the grandfather, the property is jointly vested with legal heirs. With the death of the aunts, their children are also joint holders. It is too unconvincing a statement that their whereabouts are known.

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