Maximum duration to get a decree of civil death of a missing person
29-Aug-2023 (In Civil Law)
I'd like to know the minimum and maximum possible / likely / probable time a court might take to issue a decree of civil death of a 75 year old retired government servant / employee who has been missing since November 04, 2002 as he's only two survivors (one elder son and one younger daughter) once the son / complainant / petitioner applies to the court seeking the relief of civil death based on the missing complaint and/or FIR. I've learnt that the petitioner has to submit the Xerox copies of the Complaint, FIR, newspaper cuttings of advertisements made in English and local language newspapers and the announcements made on the AIR and DD and the endorsements given by the jurisdictional police station. There's an endorsement that has been given by the jurisdictional police station in 2012 that the missing person hasn't been traceable and the complainant / applicant will / would be informed if he's traced. I'd like to know the format and the court to file a declaratory suit.
Hi, It depends on the court and the response of the state. After receipt of an application for declaration of death, the court shall publish a notice in a national daily newspaper calling on all persons to provide information concerning the person whose declaration of death is applied for.
The court shall not declare a person dead if within six months after publication of the notice information is received which proves that the person is alive. In your case, if there is no person who will oppose to this declaration suit, the defendant will be "NIL". It is advisable to take the help of a local advocate to follow the legal procedures to file the suit.
Helpful?
13+
13+
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Can a fresh case be filled to challenge recruitment after 6 years as f
- Does "One and the same person" also require gazette publication?
- Muncipality property tax - timebarred arrear
- Dispute Regarding Compassionate Appointment and Service Benefits
- Legal Opinion on Withholding of Exam Results for Alleged Malpractice
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
87+ Lawyers are online
