Death declaration suit.
Naveen Kanth Dasari
(Querist) 17 May 2017
This query is : Resolved
Hello Experts,
Plz need your advise on Death Declaration Suit.
Facts of the Case:
A woman committed suicide in the year 1997 by setting her self ablaze and in that course of suicide her husband tried to save her but unfortunately the whole house caught fire and even the husband died while undergoing treatment in the hospital leaving behind 2 children (boy 10yrs & girl 7yrs). An FIR was registered and the police filed a report that as suicide and closed the case. And the children were at a very tender age they did not have knowledge abt the formalities such as applying for Death Certificate of mother, and as father was a govt servant no one had guided them to apply for their fathers pension or any other emoluments or benefits of their father. However on a later stage one of their relative helped the children to get the Death Certificate of their father and at present when the children applied for their fathers Provident fund the authority of PF has asked to submit the Death Certificate of their mother as she is the nominee, whereas they do not have the Death Certificate of the mother as they did not apply at the time of the Death of the mother and at present the Registrar of Births & Deaths has also refrained to issue the Certificate as there is lapse of 20yrs and advised the children of the deceased to approach the Court.
Now my query is:
1. Will the Court issue Death Declaration after a lapse of so many years?
2. If yes what will be the duration?
3. What is the procedure and under which section of law a Death Declaration suit is filed in the court?
4. What Documents to filed in the court, as at present the children of the deceased have the Police Report and Cremation Certificate?
Plz suggest.
Thank You.
Rudrawar Narayanreddy
(Expert) 17 May 2017
Apply to the taluka revenue head (tahasildar in Karnataka and ap and ts ) he will issue non availability certificate then apply to court u/s 13 of births and death registration act. Court will order to register death on death register. After registration take death certificates.
Rajendra K Goyal
(Expert) 17 May 2017
As the death was not natural, it was the duty of police / hospital to inform the event to Registrar. If they have not done so, it can be registered by late registration process. Designated Magistrate would order to register the death after receiving report from police.
Contact local birth and death registrar office to know the procedure / formalities.
After registration, certificate would be issued.
Kumar Doab
(Expert) 17 May 2017
"An FIR was registered and the police filed a report that as suicide and closed the case."
Get the copy.
It might be with relatives.
Or pursue RTI route.
Kumar Doab
(Expert) 17 May 2017
Follow the advise of Mr. Rudrawar Narayanreddy, Mr. Rajendra K Goyal .
