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MS   27 August 2025

Need advise with regards to death certificate

Hello Sir/Madam,

I'm taking care of my parents and I have a brother who is not on good terms with us. My dad owns a house in my native given by his ancesters and due to on going issues with my brother, my dad had written a gift deed to my Mom (ancesteral house).

Recently my father passed away due to cancer and my brother joined us in performing last rites and is asking for his death certificate to apply bereavement leave in office.

All the documents of the property are with me but i'm worried if my brother mis-use my father's death certificate in creating any duplicate documents of the property or any health insurance my dad owns.

My mom is residing with me and hesitating to share the death certificate as it may lead to any issues in future.

Please advise if I can share the death certificate with him or avoid as i'm not sure on the impacts.

Thank you.



 8 Replies

T. Kalaiselvan, Advocate (Advocate)     27 August 2025

The death certificate is a public document hence your brother can very well get a copy from the office of the registrar of births and deaths easily even if you refuse to share it.

Instead of developing the conflict you may better amicably settle all the issues with your brother because he is also entitled to a rightful share out of your father's properties including his death benefits or any other bank fixed deposit accounts 

Dr. J C Vashista (Advocate )     28 August 2025

Very well analysed and advised by learned senior expert Mr. T Kalaiselvan, which I endorse and appreciate his acumen.

Settle the issue(s) amicably, your brother cannot be excluded from  ancestaral intestate properties left behind by your father.

MS   28 August 2025

Thanks for the response sir.

We are not denying to share the property with him but he had taken all the gold and silver from my parents and now denying to give back.

During the initial stage of his career , he started giving money to my parents and now he is saying all the gold and silver will be taken as a settlement towards his money given as part of salary and the value of gold and silver is around 60 lakhs now.

Now I just want to understand if he mis use this certificate in creating a duplicate copies of property as that is the only asset my mom own and we have already spent enough for my dad treatment.

 

T. Kalaiselvan, Advocate (Advocate)     29 August 2025

The death certificate cannot be misused for alienating or encumbering the property left behind  by your father.

You and your mother are co-sharers, hence he cannot take away the entire property, you can file a suit for partition to claim your share in the property with separate possession.

MS   29 August 2025

Thank you for the response sir..

P. Venu (Advocate)     31 August 2025

Yes, the death certificate is a public document and it has  nexus with the issue, if at all any, in inheritance of late father's property.

He is legal heir to all his property left intestate.

Kishor Mehta (CEO)     02 September 2025

① Your brother can always get a copy of your father's death certificate from local authorities, there is no avenue for its malafide usage. 

② Your brother is entitled to a share in the ancestral property. 

③ Amicable settlement will be in the best interests of all of you.

Dr. J C Vashista (Advocate )     03 September 2025

As rightly advised by learned experts, did you obtain death certificate which you can have from Registrar (Birth & Death).

Be rest assured, your brother cannot use/ misuse the certificate arbitrarily, for any purpose(s), which may be against your interest, .

If your brother has taken entire movable property left behind by deceased (your father) as stated by you, did you consult your lawyer to file a suit for issuance of succession certificate. 


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