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Declaration of missing person

(Querist) 17 November 2012 This query is : Resolved 
How to declare the missing person from the Court

under what provisions and before which court either to Junior division or Senior Division ?

What are the procedures
pls reply
Nadeem Qureshi (Expert) 18 November 2012
Dear Querist
you should filed a suit for declaration before civil judge senior division ion your district.
Feel Free to Call
V R SHROFF (Expert) 18 November 2012
First file FIR in Local Police Station.
[Not absolute but recommended Ad in News Paper ,Railway Stations , for Reward if information given of missing person.]

With these Documents and Affidavits of close relatives, file Petition in Civil Court [S.D.] FOR DECLARATION OF MISSING PERSON.
prabhakar singh (Expert) 18 November 2012
You are advised to go through section 108 (107 too)to have a better understanding of provisions laid in this regard in Indian Evidence Act.

Law so laid presumes that that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.

So a declaratory suit comes in picture only when some one liable to presume death disputes it.There can not be suit unless you have cause of action.Declaratory relief
of this kind is incapable of valuation hence fixed court fees would be payable under relevant court fees Act applicable.
Raj Kumar Makkad (Expert) 18 November 2012
Such civil suit is liable to be filed before Civil Judge (SD) under section 108 of Indian Evidence Act.


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