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Querist : Anonymous (Querist) 30 November 2009 This query is : Resolved
If the head-family had deserted the family for some years and by the interval of time his reappearance , it was observed that his family members were forced by a miscreants to get his death -certificate to dispose the property in the joint-name of his wife, is it a legal-standing?
How could the miscreants brought to books?
What are the implications on his family- members who were despontent?

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Kiran Kumar (Expert) 30 November 2009
dear what are the clear facts?

a person has been declared dead legally due to his absence and the property is sold by the other family members then how r u reffering the others as miscreants.

prima facie it seems to be a moral wrong and nothing else...if the family members had acted on advice of some one without any proof of any illegality the how can the advisers be held guilty?

Guest (Expert) 30 November 2009
If a person is not heard/seen for 7 years, he can be declared as dead. If it's the case, then nothing can be done, now. Because the family members acted as per the law. But, if it is proved that the death certificate was obtained by fraud, the transfer of property is not valid. In such case, all the parties who were involved in the property transfer (ie., executants) can be held guilty.

Querist : Anonymous (Querist) 02 December 2009
Death cerificate was fraudantly obtained.
He was away from home on 29/08/1999. his death cetificate(as death occured 23.12.1999 due to Heart attack without the doctors certificate and no funeral)was obtained on 23.03.2006. How could he leaglly justify alive?