618+ Lawyers are online 
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.
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.
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.
Helpful?
25+
25+
Adv. Samyak Raj
Delhi | 500+ Answers
CONTACT NOW
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.
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.
Is missing person dead or Alive real?
Netflixs "Missing Dead Or Alive": Is It Real? Is Missing Dead Or Alive? on Netflix real or staged? The four episodes are all based on actual cases. 12-May-2023
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.
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 Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
