Use of canadian death certificate for filing declaratory & mutation suit in up court

The property is stated to have been gifted (though registered document of Gift Deed) sister of deceased became absolute owner.

When she (donee) passed away the property shall devolve upon her LRs as per succession, if it is intestate.

Mutation of the property is an entry of transfer of property in revenue / municipal records, which do not have any affect on its title (ownership). 

There is no requirement of obtaining / submission of death certificate of donor (brother) of the property in a declaraory suit.

The death certificate duly apostilled by Canadian government is a legally valid document, you can proceed accordingly.

Thank you very much Vashista and Kalaiselvan sir.

Canadian death certificate alone is NOT sufficient in strict proof.

It is a foreign public document, so proof must comply with Indian Evidence Act, 1872.

Legal requirement:

Under Section 78(6), foreign public documents must be:

Original or certified copy, AND

Properly authenticated (seal + certification / consular validation). �

Indian Kanoon

Best practice (very important):

Get the Canadian death certificate Apostilled (Canada is a Hague Convention country).

Apostille makes it legally acceptable in India without further attestation. �

fsi.mea.gov.in

Additional steps (recommended in court):

File an affidavit explaining:

death abroad

identity of deceased (same person as donor X)

If needed, provide supporting documents (passport, old records, etc.) for linkage.

Conclusion:

👉 Court may accept it, but safe procedure = Apostilled death certificate + affidavit.

👉 Without apostille/authentication, objection on admissibility is likely.