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Procedure to obtain declaration of death of a missing person


17-Aug-2023 (In Civil Law)
My friend went missing in the year 2003. His wife stays in the same city he went missing from. She wants to obtain declaration of death of her husband under IEA 108. Following queries may please be answered. Where can she apply? What are the legal charges? How much is lawyer's fees. Can she apply for succession certificate simultaneously.
Answers (2)

Answer #1
922 votes
No issues in these type of cases , first we have to see that the party has filed the missing compliant or not and if yes and after then it has beeen 7 years (which was 14yrs period earlier) the court will presume that the missing person is dead. Then we have to apply for the declaration in the court of civil judge of that jurisdiction. Related to charges and that's a petty issue, first we need to discuss the case and you can visit in my office by getting the details through lawrato.com

Answer #2
620 votes
she should file civil suit for declaration of death of her husband along with prayer for issuing succession certificate in civil court. case be filed in the court of civil judge junior or senior division as the case be depending on the value of property to be inherited. fees varies from lawyer to lawyer ,normally court fees are very low .

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