mother's share in property of missing son

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.

with regards

Braham Prakash




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