Death not registered.
tushar
(Querist) 06 February 2015
This query is : Resolved
Dear all,
My grandmother died in 1982, we have some property issue today for that we require her deathcertificate.We have applied it with our Ward BMC and the hospital where she died, but both of the them claim that they dont have any details about the same. BMC claims the death is not registered with them. Pls help what to do in this case.Is there any solution for the same, like getting some letter from village panchyat for the same etc.Pls note that place of death is MUmbai.
prabhakar singh
(Expert) 06 February 2015
In respect of births and deaths in a hospital, health center,
maternity or nursing home or other like institutions, responsibility of informing the events to the registrar lies
on the Medical Officer or any person authorized by him in this behalf under section 8 (1) (b) . Therefore any
delay in the reporting of institutional events the concerned officer in –charge of the hospital may be held
responsible and all the formalities required under section 13 of the Act observed. Further, in such cases the
officer concerned can be penalized in accordance with the provisions of section 23 and 24 of the Act.
But what proof you have that death took place in hospital?
prabhakar singh
(Expert) 06 February 2015
YOU NEED AN ORDER TO BE PASSED BY MAGISTRATE
UNDER S.13 (3) WHICH RUNS AS'' Any birth or death which has not been registered within one
year of its occurrence shall be registered only on an order made by
a magistrate of the first class or a Presidency Magistrate after
verifying the correctness of the birth or death and on payment of
the prescribed fee. ''
tushar
(Querist) 06 February 2015
Dear Sir,
Thanks for your reply, My mother was just 16-17 yrs old at time when my grandmother expired, so she is not aware of any documents apart from her death at (nair Hospital Mumbai), my grandfather also dont have or aware of any documents in her name, her name was there in ration card which has been deleted after her death.We approached the concerned hospital for the same,but they are asking us to visit our ward BMC, whereas BMC is saying that the death is not registered with them.
P. Venu
(Expert) 07 February 2015
Nair Hospital itself is managed by BMC. Take your chance by seeking copy of the concerned register for the year 1982.
Rajendra K Goyal
(Expert) 07 February 2015
You have to make personal efforts to get the the relative record of concerned hospital searched . You can use RTI for information.
If no records available, obtain Magistrate orders to get the death registered.
T. Kalaiselvan, Advocate
(Expert) 07 February 2015
If the death was not registered at that time, the authorities will not be able to register the same now at this belated stage without a court order/direction to do so. therefore as suggested by expert Mr. Prabhakar Singh, you may with the help of a local advocate, file a petition under the provisions of the law referred before the jurisdictional magistrate court and proceed with obtaining the desired death certificate after complying necessary formalities in that respect.
malipeddi jaggarao
(Expert) 11 February 2015
Take help of a local advocate and follow the advice of expert Mr.Prabhakar Singh if you cannot lay your hands on the records of the hospital and BMC.
Dr J C Vashista
(Expert) 13 February 2015
I agree with expert advise of Mr. Prabhakar Singh. Engage and consult a local lawyer and proceed.
