Declaration of death
M RAVI KUMAR
(Querist) 11 October 2014
This query is : Resolved
Sir, My father has murdered in July 2001 and my mother was one of the accused A3. Since father's death we are not living with her. It was known that she was absent to court since 2005 and police reported the Sessions court that she was untraceable. How can i get Declaration of death of my mother Since my father is Govt. Employee to get pensionary benefits. I have not lodged any complaint in any police station. I am having the warrants in that she is not atteiding the court. Court declared she is untraceable and splitted the case on A1 & A2 and closed the case. kindly advice - Urs Ravi
Advocate M.Bhadra
(Expert) 11 October 2014
File a Civil Suit under Indian Evidence Act for Declaration of Death of your mother.
M RAVI KUMAR
(Querist) 11 October 2014
in which court i have to file, i am residing at Mahabubnagar district of Telangana state
Guest
(Expert) 11 October 2014
Consult your Local Lawyer with all documents.
Sudhir Kumar, Advocate
(Expert) 12 October 2014
Not able to agree. I do not seen need of filing any suit for declaration.
You are not the first or last such case.
There is FIR against death of your father. police might have submitted evidence of death. Some doctor must have pronounce him dead and sent for Postmorteum. The hospital declaring death is bound to report death to municipality. You just have to apply to the municipality for death certificate,
Sudhir Kumar, Advocate
(Expert) 12 October 2014
Being accused of the death of husband your mother is not entitled for terminal dues. You just have to give such proof to the deptt.
Guest
(Expert) 12 October 2014
Dear Author,It is Very Strange That How a Death Certificate Could be Issued to a Person Who Is Missing.If the Person is Missing For More than 7years he or she could be treated as No More.It could be Even Treated from the Date of Police's Information to the Court as Your Mother is Missing.Please Consult Local Good Advocate with all the Documents/Evidences.More Over your Mother only an Accused in the Crime and She was Not Awarded any Punishment and Your Father's Official Records would have her as Main Nominee and You would Certainly Require the Status of your Mother to Proceed Further in your Claims.
Anirudh
(Expert) 12 October 2014
Advocate Mr. Bhadra has very correctly understood your fact situation and I fully support his views. You have to file the case in your District Civil Court.
For handling this matter, in my view, you definitely need the help/assistance of a lawyer.
Sudhir Kumar, Advocate
(Expert) 12 October 2014
you have so far not disclosed whether or not you approached the department and if so at what level. You have also not stated what deptt has told you.
P. Venu
(Expert) 12 October 2014
Prima facie, it appears that you father had expired while in service. Had your family received any communication from your father's office on the grant of family pensionary benefits?
So also, had you submitted the claims in the prescribed form for grant of the benefits?
Dr J C Vashista
(Expert) 12 October 2014
Reply the questions raised by experts for proper opinion.
T. Kalaiselvan, Advocate
(Expert) 17 October 2014
The wife of deceased employee is only eligible for family pension, so question about pensionary benefits to an adult son does not arise. However, since the police have submitted a report to the court that she is not traceable, you can lodge a complaint before the police under man missing laws, obtain the same certificate again from the police, approach a civil court within the your jurisdiction, file a suit to declare your mother as dead as she has not been seen or heard of for more than seven years, this will solve your purpose. However, it is doubtful that the department will sanction family pension to a son of the deceased.
