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Muragesh Goraguddi   15 May 2022

Missing Person

Dear Sir, My father is missing since June 2001, as we were minors didn't registered police compliant at that time. Now recently my mother also deceased. My father name is appearing in legal heir certificate. How to deal with it?


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 May 2022

file for a declaration order from the court. 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.

Tousif Shaikh   19 May 2022

As my other friends want to say is that you must have evidence of facts of which the Court may consider and declare you Father as Dead and direct competent authority to issue a Death Certificate.

Facts of which Court will take notice:-
1. FIR or Diary of missing person
2. Witness confirming the missing report
3. Affidavit filed before the Court of missing person with details and also why you are late in acknowledging death/missing of your father
4. Ads in one regional newspaper & national newspaper about Missing since

these will be enough to ask the Court to direct the Authority.

as per Law if you can proof that father was missing since atleast 7 yrs he will be presumed dead by the Court. in your case it's more than 7 yrs.

hope my answer can help you.

Better to hire an Advocate before moving forward.

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