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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.
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.
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Adv. Rajesh Kumar K
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How long does a person have to be missing to be declared dead in India?
Section 108 is concerned with the presumption that someone has died. Section 107 is concerned with the presumption that someone continues to exist. According to Section 108, the Indian Evidence Act provides that the presumption can only be made after seven years have passed since the person was reported missing.
How do I get a death certificate for a missing person in India?
To obtain a Death Certificate, you must have legal documents. You must have a copy of the FIR or FR from the police station proving that you cannot trace this person. According to law, a person is presumed dead if they are untraceable after a 7-year period.
What is death in absentia?
Death in absentia is when someones death is declared without any proof. This means that no remains were found and that no one had provided any proof to prove that the owner of the estate was actually dead.
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