venkat (Employee) 19 June 2011

Brother is blocking from applying for Death Certificate

Dear LCI Lawyer, you help is needed, and love this forum.

Here is my small situation

We are two brothers, my father lived with my elder brother in India Karnataka.

I have funded the house construction and land 90%, which my father and elder brother lived for 8years.

Father died of natural death due to illness in home,few months back(less than year). there is no doctors certificate and there is no creamation certificate. But there is a 'invitation letter for death ceremony' and there is a paper advertisement of the death.

Now brother is not willing to apply for Death Certificate, He is also threating that he will not apply in the Municipal office.

What are the legal rights/hurdles I have so that I personally apply for this Certificate myself with some elders signatures without dealing with elder brother.

Since my address in not the same as house in karnataka am I still allowed to use my out of state address in the death certificate in karnataka state and apply for Death certificate.

The house is in fathers name, and brother is trying to extend his stay and rights by hiding documents and not applying for death certificate. He intentionally go into the situation so that a possession certificate can't be obtained.

Thanks for reading. Please advise how do I progress on this. ?.

Also readers comments welcome.

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5 Replies

Isaac Gabriel (Advocate) 19 June 2011

You can apply individually for the death certifcate and get it.But in claiming ownership or getting individual right over the property is not possible. You may have to fight a legal battle to prove that the house was constructed by your late father from out of your earnings only. Lest, you have to share equally among you both.

venkat (Employee) 19 June 2011

Thanks for your quick reply Isaac Sir.

V. VASUDEVAN (LEGAL COUNSEL) 19 June 2011

Approach a local lawyers in the place of residence of your deceased father and he would obtain the same from the court, based on an affidavit and the documents mentioned by you. You may also get the legal heir certificate from the local revenue officer (only for bank accounts etc.) which would show the heirs. Based on this you can file a suit proving that the property was purchased out of your earnings. Prepared for a long battle or atleast this would bring the other claimant to the table for an amicable settlement.

vasudevan

venkat (Employee) 19 June 2011

Thanks for reply V vasudevan Sir,

Do you mean, due to residency I may not be able to apply for the Death Certificate my self in Municipality, and for the same

I have to approach Lawyer ?. I did no understand Affidavit. What is the purpose of this ,why I myself can not get from the court /, or the actual residents should apply for it ?.