Death certificate in maharashtra of a misplaced person

vishwanath jaiswal (Querist) 28 September 2022 This query is : Resolved
Sir

I am staying in Mumbai, My father is misplaced before 8 years, i have lodged an FIR.

i want to apply for death certificate

so please suggest me the procedure for the same.

regards

vishwanath jaiswal

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Quick Summary

If your father has been missing for over seven years in Maharashtra and an FIR has been filed, you will need to approach the court to declare him legally dead. The police can provide a certificate confirming they cannot trace him. Following this, you must file a suit for declaration of death, potentially engaging a lawyer to navigate the process under the Specific Relief Act and Indian Evidence Act.

kavksatyanarayana (Expert) 28 September 2022
In my view, if a person is missed, after 7 years of the period, the Police where you filed the complaint issue a certificate stating that the whereabouts of the missing person are not known. After that, you have to apply to the court declaring that the missing person is dead. But either the local bodies or Revenue authorities cannot issue a death certificate.

Advocate Bhartesh goyal (Expert) 28 September 2022
Yes , you have to file suit for declaration for death declaration of your father stating therein that your father has not been heared for more thsn seven years.

vishwanath jaiswal (Querist) 29 September 2022
i have received the reply from police station that they are unable to trace the missing person.

sir, can you suggest me any advocate who can file the suit for obtaining death certificate in mumbai.

how much time it takes???

pls reply

Dr J C Vashista (Expert) 29 September 2022
Consult and engage a local prudent lawyer for filing a suit for declaration of civil death under Section 34 of Specific Relief Act, 1963, which is to be proved in terms of Section 107 and 108 of Indian Evidence Act, 1872

vishwanath jaiswal (Querist) 30 September 2022
sir

can you suggest any lawyer name and share his contact of mumbai

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