Whether Suit For Declaration Of Death Of A Person Missing In India Can Be Filed?

Whether suit for declaration of death of a person missing in India can be filed?

Free Legal Advice - civil law

Posted by: Sanjana Biswas

Posted on: 2018-08-27

As per provisions of Indian Evidence Act if a person is not heard for seven years or more, he is presumed to have been dead. So a suit can be filed for declaration and declaration can be obtained from the court. All options should be taken for finding out through police, blood relatives, friends and advertisement in the newspaper A suit should be filed in the civil court for the declaration of his death. All the documents should be attached, the efforts taken to trace him via newspaper and also an affidavit from close blood relatives stating the entire issues till date should be done. Once the court orders, produce the same, get it recorded in the death register in the Municipal/Taluk office of the place. Then they will issue the death certificate of that particular person. The death certificate can be used for dealing with the movable and immovable properties as intestate.

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