Waris Of Late Father's Property

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Your father can establish his status as the legal heir of Late Sukra Lohar even if the death certificate is not presently available. The 1932 Khatian is an important document showing Sukra Lohar’s name and his connection with the land. Your father should collect documents establishing the genealogical chain between Sukra Lohar and your father, such as birth certificates, school records, voter records, Aadhaar records, ration card/family register, old revenue records, mutation records, and the Gram Panchayat-issued Banshawali/Genealogical Certificate. Statements of elderly family members or independent persons who know the family genealogy may also be useful as evidence. If the descendants of Sukra Lohar’s brother are disputing your father’s claim and are in possession of the land, your father may need to approach the competent revenue/civil court for declaration of title/heirship and recovery of possession, depending upon the facts. The absence of a death certificate alone does not automatically defeat his claim; the main issue will be proving the identity of Sukra Lohar, his death, the relationship between Sukra and your father, and the applicable succession law. The original 1932 Khatian and Banshawali should therefore be preserved and examined by a local property lawyer before taking further action.

Advocate Priya Kumari LawRato