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Death certificate

(Querist) 05 December 2021 This query is : Resolved 
A person is missing more than 7 years. A police report was lodged soon after he got missing. Now police hos given a certificate about this that they could not find him. Now who will his death certificate or police certificate would suffice - mutation of some property to done his heir name. Please let me know whole procedure.
kavksatyanarayana (Expert) 05 December 2021
You have to file a Civil Suit for Declaration seeking a declaration that your mother, on account of being missing and untraceable for more than 7 years, may be treated as deceased. If the last known residence of the person, and considering the area of the FIR, you would have to approach the Civil Court of that jurisdiction.
Advocate Bhartesh goyal (Expert) 06 December 2021
You need to file suit for declaration and get declaratory decree from court regarding missing person and that degree will serve your purpose.
Dr J C Vashista (Expert) 07 December 2021
Consult and engage a local prudent lawyer to file a declaratory suit in terms of section 107 of Indian Evidence Act, 1872 as advised by experts herein above, which I fully agree with them.


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