Death certificate for missing person since 15 years
Hemal Shah
(Querist) 27 August 2015
This query is : Resolved
Hi, me and my family are residents of mumbai. we had gone for family outing to bangalore where my father went missing.
We had filed FIR for missing person.
How do i get a death certificate issued for my missing father. also want to know if death certificate will be issued in bangalore or mumbai.
Does bangalore police has any role in getting death certificate issued.
Please assist...
kavksatyanarayana
(Expert) 27 August 2015
@author, as the whereabouts of your father not known, if should file FIR before the Police of Banglore. and in your complaint give the residence of Mumbai also. after completion of investigation, the police will inform the whereabouts of missing person. the next course of action depends on the information.
Hemal Shah
(Querist) 27 August 2015
they it seems have closes the case.. Should i visit bangalore once
Sudhir Kumar, Advocate
(Expert) 28 August 2015
a person not known or heard for 7 years is presumed dead.
please approach the municipality from where he had gone missing.
seshadri dubey
(Expert) 28 August 2015
Tell me when your father got missing?
you can not get a death certificate anywhere if the police reports your father to be missing and you have to get a declaration from the court in this regard.
Hemal Shah
(Querist) 28 August 2015
around 15 years back
Sunlawseeker
(Expert) 28 August 2015
Please Approach a Local Lawyer and file a declaration petition to declare your father's civil death.
SAINATH DEVALLA
(Expert) 28 August 2015
Go through section 108 Indian Evidence Act.
Section 108 in The Indian Evidence Act, 1872
108. Burden of proving that person is alive who has not been heard of for seven years.—1[Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2[shifted to] the person who affirms it.—1[Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2[shifted to] the person who affirms it."
The settlement of claims in respect of missing persons would be governed by the provisions of Section 107 / 108 of the Indian Evidence Act, 1872. Section 107 deals with presumption of continuance and Section 108 deals with presumption of death. As per the provisions of Section 108 of the Indian Evidence Act, presumption of death can be raised only after a lapse of seven years from the date of his/her being reported missing. As such, the nominee / legal heirs have to raise an express presumption of death of the subscriber under Section 107/108 of the Indian Evidence Act before a competent court. If the court presumes that he/she is dead, then the claim in respect of a missing person can be settled on the basis of the same.
Kumar Doab
(Expert) 28 August 2015
As explained above by experts Mr Devalla and Mr.Sundaresan 'Please Approach a Local Lawyer and file a declaration petition to declare your father's civil death. '.
