How can i get death certificate of someone missing for 7 years

913 votes

Dear Client,
In order to obtain the death certificate of a person who is missing from 7 years. You need to file a suit of declaration of death. For any other query feel free to contact.
Regards,
Tushar Bahadur,
(Advocate).

Advocate Tushar Bahadur LawRato

782 votes

As per provisions of Indian Evidence Act if a person is not heard for seven years or more he is presumed to have been dead. So you can file a suit for declaration and you will get the declaration from the court.

LawRato LawRato

733 votes

Death Certificates In Favour Of The Missing Persons
According to the Provisions contained in the Registration of Births & Deaths Act, 1969 and the clarifications as provided by the Govt. of India, Ministry of Home Affairs, New Delhi the following guidelines/procedures are issued

Under Section 108 of the Indian Evidence Act, 1872 a person who is unheard for more than seven years is presumed dead. However, the said section is silent about the date and place of death which can be determined by a Competent Court/Authority on the basis of the oral/documentary evidence before the Court. As per the clarifications provided by the Ministry of Home Affairs, every applicant/Legal heir should therefore obtain necessary orders from the Competent Court by swearing in necessary affidavit not only for obtaining the date & place of death of the missing person but also for undergoing the delayed registration process under Section 13 of Registration of Births & Deaths Act, 1969. Specimen format of the affidavit is being made available in all the Nagar Nigam with Death Registrars.

Death Certificate in favour of the missing persons can be claimed by the Legal heirs only. Those who are claiming the Death Certificates are therefore required to produce necessary evidence to support their legal heir status. All the applicants/Legal heir of the missing persons shall submit the affidavit duly solemnized before their respective Judicial First Class Magistrate at their territory Jurisdiction as the case may be along with the Death Report and all other supporting evidence/documents as available with them to support the missing event of the person concerned like FIR lodged, published copy of the list of missing persons in Newpaper, any reference(s) from the employer/Department etc. to the Office of the Chief Registrar of Births & Deaths for verification and for obtaining Non Availability Certificate (NAC) under Section 17 of the RBD Act, 1969

Advocate Ritu Sood LawRato

446 votes

The legal heirs can claim the Death Certificates for missing persons. The legal heirs can claim the Death Certificates by presenting the evidence that proves their legal status.

Advocate Chikirsha Mohanty LawRato