Declaration of death
M RAVI KUMAR
(Querist) 28 December 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 for her absency. 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 on the issue and suggest a good lawyer in Mahabubnagar of Telangana state - Urs Ravi
Kappil Cchandna
(Expert) 28 December 2014
Refer section 108,of Indian Evidence Act .....
Dr J C Vashista
(Expert) 29 December 2014
1. Did you consult a local lawyer? If not, do it now.
2. You did not lodge "missing" report to police, isn't it?
3. If report lodged, she can be declared "dead" after 7 years of the report.
Rajendra K Goyal
(Expert) 29 December 2014
File suit to get the declaration of death as not traceable from last 7 years.
malipeddi jaggarao
(Expert) 29 December 2014
Yes you can file a suit to get the delcaration of death as not treaceable from last 7 years with the supporting evidence that Court declared she is untraceable and splitted the case on A1 & A2 and closed the case.
T. Kalaiselvan, Advocate
(Expert) 29 December 2014
First of all a man missing complaint with the concerned police to be lodged, upon non-traceable certificate from police, combining heir earlier report in the court case, you may file a declaration suit to declare the missing person as dead for not being heard of for 7 years or more. It is a lengthy procedure, take the help of a local lawyer.
P. Venu
(Expert) 30 December 2014
During the past three years you have been repeating the question and had been ably advised in the past. Accordingly you may get the requisite certificate so that the legal heirs could receive the pensionary benefits.
