Death Decree

Bishwajit (Querist) 05 October 2009 This query is : Resolved
A person (Hindu) is missing since 8 years
According to law he presumed dead
Who have power to declare the person is dead
And who have power to pass a death decree?

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adv. rajeev ( rajoo ) (Expert) 05 October 2009
It amounts to civil death. Paper publication is sufficient in case any litigation arises. The legal heirs of the deceased person can file a suit for declaration to declare them as the legal heirs of the deceased. In this case they can produce the paper publication. Even in the suit for partition also it can be done. I think I am right.

Adinath@Avinash Patil (Expert) 06 October 2009
If aperson missing more than 7 years, and publication of in news paper, and 7 years are complited you can file civil suit for declaration of civil death.

Sarvesh Kumar Sharma Advocate (Expert) 06 October 2009
first of all you publish it in a news paper,
then file a declaratory suit before civil judge with suporting doc.those prove that the person is missing.

Raj Kumar Makkad (Expert) 06 October 2009
I agree with Adinath sir.

Sachin Bhatia (Expert) 06 October 2009
File civil suit for declaration after person missing more than 7 years.
Civil court has the power to declare a person dead.

Swami Sadashiva Brahmendra Sar (Expert) 06 October 2009
My friends are right. However,It would be proper, though not mandatory, to lodge an FIR before taking steps advised by my friends.

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