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Father missing from 7 years, Court not issuing Death Certificate


21-Nov-2023 (In Family Law)
Sir,My father has been missing more than 7yrs.(+2yrs.). We have a lawyer he said judges not giving death ceritificate. Without having it cudn’t get our previous govt.money of my father.Our condition is very poor.I cud take go for further studies & all.plz help us.
Answers (1)

Answer #1
768 votes
As per section 108 of Indian Evidence Act 1872, a person is presumed to be dead if he has not been heard of for more than 7 years by people who would naturally have heard of him if he had been alive. Hence, in view of this provision your father is dead and you can get such order from the court easily. The person is declared dead on the day that comes after the seven years from the day the person went missing. After taking the order from the court, you can approach the local body, like MCD to have the death registered. After that apply for death certificate in the SDM office of your area. Within 21 days, you get the death certificate generally.
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