Surender (CA) 28 February 2012

Death certificate for missing person

Dear All,

My father was missing since 1996. He has some agricultural land in his name. I have one sister and our mother. Can u please let me know what is the procedure for obtaining a death certificate in case of a missing person since it is around 15 years. We dont have a FIR registered with any police station.

We have a certificate from village head and have ration cards out of which subsequently does not have my father name.

Can u pls help me to know any alternate for transfer to such land in our name.

Thanks in advance

Surender

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 28 February 2012

In such a case you need to obtain declaration from the civil court regarding the civil death of your father. After obtaining the decree from the court you can mutate the property standing in the name of your father in the names of his legal heirs.

Arvind Singh Chauhan (advocate) 28 February 2012

You have to file a civil suit for death declaration. FIR is not necessary for it. After formalities court will declare his death, which is enough to fulfill your purpose.