sir,
what is the procedure to apply for a suit for declaration of a civil death.this is for a person who has been missing for close to 20 yrs. i heard there is a procedure to be followd to get him declared as legally dead.. this is required for a policy claim process.
please advise. how long will this process takes and what procedure do court usually follow for this.
saravanan s (legal advisor) 08 August 2016
have you filed any fir when the person went missing
saravanan s (legal advisor) 08 August 2016
obtain a no trace certificate from police and file a civil suit for declaration in the court to declare the missing person dead
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 08 August 2016
Well in the absence of the FIR it shall be slightly heavier a burden for you to discharge. Examine all the near by relatives and blood relations as witnesses and have them depose regarding his non presence since the last 7 years. Also make sure that you move documentary evidence to show that the said witnesses were actually related to the missing persons such as ration card, aadhar card, voter I card, etc .
Augustine Chatterjee
Advocate & Solicitor at Law
9999931153
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