Legal Question in Real Estate Law in India

I have 2 sisters & 1 brother. My father gone missing from 2003, for which we got final report from police as untraced as legal 7 years duration has been completed by 2010, the same was submitted to the criminal court which also declared him as untraced. We again filed a petition in the civil court to get the civil death declaration and at the same time to declare his children as the legal heirs. My mother died in 2008 (missing person's wife). Based on the petition in the civil court, they have passed orders for the civil death declaration, but the second relief for us to be declared as the legal heirs of our parents was dismissed.

We have a house in my fathers name. Now we want that house to be registered among ourselves (missing person's children) equally.My query here is whether can we register the said house based on the civil death declaration passed by the court without getting the relief of legal heir status from the court. Pls guide me.


Asked on 2/11/11, 7:53 am

1 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Yes you can apply to the concerned department for Mutation in your names and the same will be done by the department concerned . The right of inheritance immediately opened in favour of all 4 of you as soon as the declaration of the civil death of your father was granted by a court . you need not claim any declaration as to you being the legal heirs.

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Answered on 2/12/11, 1:39 am


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