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Ryan Pereira (SM)     27 December 2011

Death certificate for missing person

I am planning to purchase a property in Mumbai suburbs. The property was in the name of the mother who expired and subsequently  is transferred in the name of the 2 sons  by way of nomination. However the name of the father appears in the ration card. The father is missing since last 4 years and there is no death certificate. Pls advise if the death certificate can be obtained or any other legal document so he cannot make any claim whatsoever on the flat at any later date. Thanks



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 5 Replies

pervez (adviser)     28 December 2011

Legally, you have to wait for 7 years to seek death certificate... whether any missing complaint has been filed with police... ? 7 years to be counted from which date....... ? Publication is another option but it is not foolproof and legally accepted in such cases... I suggest better to wait or seek legal advice of local advocate, having expertise in property matters... regards

Tripti Nagwekar (Owner)     28 December 2011

Dear Ryan,

You find out how the deceased mother purchased the property.  If the property is inherited from the husband to wife, you take indemnity bond from the survivor to pay the share to the deceased person in case he appears after the deal.  Further you give the advertisement in the newspaper through the solicitor about this fact.  On the contrary if the property is purchased by the woman out of her own earned money, the husband has no right on wife's property even if the husband is dead or alive. 

N.K.Assumi (Advocate)     29 December 2011

Tripti Nagwekar has nicely explained it, and it will be safe to follow her suggestions. Thanks Tripti.

Shashikant V. Patil (Lawyer)     29 December 2011

I too agree with Tripti's opinion.

Santhosh Kumar (Senior Partner)     30 December 2011

 

Tripti,

"if the property is purchased by the woman out of her own earned money, the husband has no right on wife's property even if the husband is dead or alive. " culd u plz explain this....

 

As far as the Indian sucession act is concerned the widower ie. the husband of the deceased female has the same rights which the widow has in respect of husband's property if he dies intestate.

 

in case the property is inherited since the sons are lineal desendents the wife cannot be termed as the absolute owner too.


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