Sir, my brother is missing for the last 14 years. DDR registered in 2000. He has agriculture land in his name. His legal heirs are: Wife, minor son & mother. However Mother died in 2013. His wife has applied to Tehsildar for mutation of property in her name & her minor son in equal share (1/2th share each). My queries are:
1. Whether the right of mother is created in her missing sons property after 7 years as missing person is presumed as dead after 7 years.(Any judgement, pl give citation)
2. Who is competent to issue Civil death certificate- Civil court or Revenue Court/ Officer ?
3. Whether mutation of land can done in the name of legal heirs without obtaining the Civil death certificate?
Kindly reply with citations.