HiWe filed police case on 05/2016 for missing of my maternal uncle. Now it's been 7 years and we wan

583 votes

In India, the process of obtaining a death certificate for a missing person who has been missing for a considerable period of time can be initiated by following these steps:

File a missing person report: Visit the local police station and file a missing person report for the individual who has been missing for 7 years. Provide all relevant details and documentation related to the missing person.

Wait for the required period: In India, the law requires a waiting period of seven years before a missing person can be legally presumed dead. During this waiting period, continue to cooperate with the police and provide any additional information or evidence that may be requested.

Petition the court: After the completion of the seven-year waiting period, you can file a petition in the appropriate court to seek a declaration of presumed death for the missing person. Consult with a lawyer who specializes in family or probate law to assist you with the legal procedures and requirements.

Present evidence: Gather all relevant evidence that supports the presumption of death, such as police reports, news articles, testimonies from witnesses or family members, or any other documentation that demonstrates the missing person's absence and suggests the likelihood of their death.

Attend court hearings: Attend all court hearings related to your petition and present the gathered evidence before the court. The court will review the evidence and make a decision based on the circumstances of the case.

Obtain the death certificate: If the court is satisfied with the evidence and grants the declaration of presumed death, you can apply for a death certificate through the local municipal authority or the Registrar of Births and Deaths. Provide the court's declaration and any other required documents as per the guidelines of the specific authority.

It's important to consult with a lawyer throughout the process to ensure compliance with the legal requirements and procedures specific to your jurisdiction.

Advocate A Murali Mohan LawRato

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Advocate Mitaigiri Baba Sirajuddin LawRato