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Whats the correct procedure to apply death cert and legalheir cert


19-Aug-2025 (In Civil Law)
We are living in our grand father property.. but my grandpa ran away from house 1980when my father was 15 yrs old. They searched but he never came back..they didnt filed any case on police station. Then my father got married.. he also expired 15 yrs ago..im his daughter.. i have death cert and legalheir of my father.. but i dont hav for grandpa.. i reached zonal office.. they r not responding properly.. each one says each new procedures totally confusing & irritating.. plz kindly guide
Answers (3)

Answer #1
771 votes
Since your grandfather went missing in 1980 and no death certificate exists for him, you will need to file a petition before the District Court under the Presumption of Death provisions in Section 108 of the Indian Evidence Act. Once the Court declares him legally presumed dead, you can obtain a death certificate from the municipal/zonal office. With both your father’s death certificate and your grandfather’s declaration of death, you can apply for legal heirship through the Tahsildar/Revenue authority. Only then will the property mutation and succession process be possible. Since authorities are giving conflicting directions, approaching the Court is the correct legal remedy to avoid further delay.
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Answer #2
729 votes
Dear Client, 1.You need to obtain a civil court declaration of presumption of death for your missing grandfather (as he has been missing since 1980). Once declared, you can apply for legal heirship/succession certificate to establish your rights in the property. 2. If the revenue/zonal office delays, you can file a writ petition in High Court for direction. 3. Consult an advocate to discuss your case in brief. 4. You may schedule an appointment regarding your case by phone or email at your convenience. Thanks & regards, Priyanka Advocate Coimbatore
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Advocate Priyanka

Adv. Priyanka

LawRato Coimbatore | 100+ Answers
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Answer #3
701 votes
you have to file civil case and get your grandfathers death certifcate and then you have to approach revenue officail for legal heirs of your grandfather if they decline the same you again have to approch the court to get legal heirship certificate
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Advocate Vivekanandan A

Adv. Vivekanandan A

LawRatoCoimbatore | 25+ Answers
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