DECLARATION OF DEATH

M RAVI KUMAR (Querist) 27 April 2011 This query is : Resolved
Sir, I Ravi, Age-25 R/o Mahabubnagar, submit that, My father has murdered in 2001. My mother is one of the accused (A3) in the case, since out father's death we are not living with her and she was absconded to court since 2003. Hence the court was splitted case and run against A1 & A2 and disposed off. Since our father is an Govt. employee we have not still got any pensionary benefits. I have obtained the Warrants issued, Judgement copies from the court as certified copies which reveals that she was absconding since July-2003 and not traced so far. Therefore I request you sir kindly give me suggestion how to get the Declaration of Death. Thanking you,

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Adv Archana Deshmukh (Expert) 27 April 2011
You will have to file a civil suit for declaration of civil death of your mother.

Srajadvo460 (Expert) 27 April 2011
Under section 25 of Hindu Succession Act, 1925, a person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder, hence you can file a suit for declaration under section 25 of the Hindu Succession Act declaring the mother as disqualified from inheritance and also make the govt. body as a party in the suit and claim another prayer for pension also. I am attaching a citation with this.

Srajadvo460 (Expert) 27 April 2011
The citation

Kiran Kumar (Expert) 27 April 2011
nicely replied by sraj but the fact is she has still not been convicted the charge of murder against her is yet to be proved.

otherwise 7 years have passed since she absconded, you have enough right to get her declared dead as per law.

visit a local lawyer and proceed with the matter.

PALNITKAR V.V. (Expert) 27 April 2011
Shri. Kiran Kumar is absolutely right. A person can not be disqualified unless it is proved that he is murderer. Besides declaration, you may be required to get a succession certificate.

Adv Archana Deshmukh (Expert) 27 April 2011
Yes, as rightly said by kiran, unless the mother is convicted of murder, she cannot be disqualified on this ground.

Kirti Kar Tripathi (Expert) 27 April 2011
I am also of the views as Mr. Kiran expressed. Presumption of death can be taken on the ground that she is not known for more than 7 years. For this purpose, the legal heirs of deceased have to file declaration suit.

M RAVI KUMAR (Querist) 28 April 2011
Is the warrants are sufficient to prove declaration of death. And how much time will be taken to prove the death in the court. In which court I have to file the court.

M RAVI KUMAR (Querist) 28 April 2011
Thanks for the advice. Is there any process for obtaining Declaration of Death from Government.

R.Ramachandran (Expert) 28 April 2011
The Government will not grant the Declaration of Death certificate. It has to be obtained only through a Civil Court.