Death certificate of missing person in mumbai

As per your query it is understood that you need information regarding the death certificate of the missing person and the procedure to apply for the death certificate of the missing person.

Under Section 108 of the Evidence Act, a person who remains missing and has not been heard of by persons who would have usually heard of him for seven years is presumed to be dead for all legal purposes. To prove that a person has gone missing, one has to show that the persons seeking such a declaration have taken appropriate steps to find the person. This may include filing a missing person complaint with the police, issuing advertisements, contacting relatives or friends and the like.

The Court requires proof regarding the individual's background, disappearing circumstances, and any witnesses' account to disappearing the last person(s) to see the missing individual alive. The Court also requires evidence regarding what has occurred since the disappearance, both in search efforts and whether any action may propose the individual is as yet alive (for example, bank account activity). Once the Court is satisfied, it issues a decree declaring the person to be dead. Only after procurement of such a decree can the death certificate be obtained from the Registrar.

This assumption doesn't mean that the process is automatic; to get the advantage of this assumption and have the Order made, the applicant should, in any case, introduce the entirety of the evidence to satisfy the Court that the individual has disappeared and no indications of life. It is as yet a complex legal process to go through.

Given the provisions contained in the Registration of Births and Deaths Act, 1969(RBD), and the explanations as given by the Govt. of India, Ministry of Home Affairs, New Delhi and in the light of the way that certain people tend to impersonate themselves as the legal heirs of the missing people with malicious motives, the following rules/procedures are issued for the convenience of the general public and the guidance of the Civil Registration functionaries:

Death Certificate for the missing people can be claimed by the legal heirs. In this manner, those claiming the Death Certificates must deliver the actual evidence to support their legal heir status.

 Under Section 108 of the Indian Evidence Act, 1872, a missing individual for over seven years is assumed dead. Notwithstanding, the said section is silent about the death's date and place, which a Competent Court can decide depending on the oral/documentary evidence before the Court. According to the explanations given by the Ministry of Home Affairs, each candidate/Legal heir ought to hence get necessary orders from the Competent Court by swearing in necessary affidavit not just for getting the date and place of death of the missing individual yet additionally for going through the deferred registration process under the Registration of Births and Deaths Act, 1969. Specimen format is being made accessible in all the RBD centres.

 All the candidates/Legal heir of the missing people will present the affidavit appropriately solemnized before their respective Judicial First-Class Magistrate as the case might be alongside the Death Report and any remaining supporting proof/records as accessible with them to help the missing event of the individual concerned, FIR lodged, a published copy of missing people in the Daily Telegrams, any reference(s) from the business/Department and so forth to the Office of the Chief Registrar of Births and Deaths for verification.

Hope it helps!

Regards, 

Anusha Singh 

Sir can you suggest me any lawyer for applying the same or can you also do the same? If yes then what's your fees and how to connect with you?