Dead declaration certificate in case of missing person more then 7 yea

990 votes

Hi,
Law presumes that a person is dead if he is found missing and has not been heard for 7 years. For declaration of death of a missing person, you should file a suit for declaration thereby declaring the missing person as dead.

Advocate Anubhav Kathuria LawRato

778 votes

You must have exhausted all the options for finding the missing person such as police complaints, inquiries from blood relatives, friends and advertisement in the newspaper.

While filing a suit in the civil court for the declaration of death all the documents and newspaper clippings, proof of efforts taken to trace the missing person and an affidavit from close blood relatives stating the entire issue till the date of filing of a suit is to be attached with the suit.

Once the court has declared the missing person to be dead, the same shall be submitted and recorded in the death register of the Municipal/Taluk office of the area. Then a death certificate will be issued of the person declared to be dead by the civil court.

The death certificate can then be used in dealing with the movable and immovable properties for the purposes of inheritance or sale, etc.

Advocate Drishti Malhotra LawRato

818 votes

hello sir/ Madam, I have went through your query. you cannot get a death certificate directly issued from a person who had been missing from past 7 years. you need to file a proper suit for declaration wherein you need to give the FIr and the status report stating that you or the police were not able to find the whereabouts of the missing person. there after the court will presume the missing person to be dead . you can contact me for legal help and guidance.

Advocate Megha Mary Thomas LawRato

580 votes

file suit for declaration. prove existence of missing person.
Court then ask for FIR for missing person. you will lead witnesses to prove your case and in case property is left by such person, then exhibit title documents. Show to court by affidavit about surviving legal heirs. public notice tracing such person.

Advocate Rajinder Pal Singh LawRato