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Adv Blandin D'costa (.....)     16 April 2012

Civil death

While getting a Civil Death Declaration is it mandatory that the person should be missing for the period of seven years.?? if person is declared dead by a foreign authority but not Indian government whether we have to wait as per are Indian law for seven years.



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 April 2012

Dear Querist,

 

The presumption of death is raised only after a person is not heard of as being alive for 7 years, by those persons who would have naturally heard of him. A Declaration is required. The Foreign Judgment would help you get the same. 

Adv Blandin D'costa (.....)     17 April 2012

hey thank u so mch.i hv filed the suit for declaration.but dont have a indian government certificate declaring him dead.so they are asking me to wait for 7 years .


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