Declaration of death
M RAVI KUMAR
(Querist) 30 March 2013
This query is : Resolved
Sir, I Ravi, Age-27 R/o Mahabubnagar, submit that, My father has murdered in 2001. My mother is one of the accused (A3) in the case, since our father's death we are not living with her and she was absconded to court since July 2003. Hence the court was splitted case in October-2005 and run against A1 & A2 and disposed off as there is no evidence. Since our father is an Govt. employee we have still did not get any pensionary benefits due to her absence. As she is not living with us we have not filed any FIR in Police station, however the Police submitted their non traced report to the Court. Basing on the report court splitted the case. 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 that, how to get the Declaration of Death from the court and whom I have to get be parties and how much time it will be takes. Thanking you,
prabhakar singh
(Expert) 30 March 2013
I do not see any need of declaration of death of a person who was murdered,fir was lodged,and trial also proceeded.But pension is granted to wife who was accused of his husband's murder,absconding and yet under trial,can not claim pension nor can inherit,unless gets acquitted.Sons can claim other funds of service just by annexing a copy of FIR and Charge sheet and order declaring her absconder.
M RAVI KUMAR
(Querist) 30 March 2013
Dear Prabhakar Singh sir, Thanks for advise, I am not asking Declaration of Death of my father, I am asking about of my mother who is absconding since 2003 and not filed any FIR by me and my family. After absconding my mother (A3) court trailed A1 & A2 and they are acquitted since the main accused are acquitted the A3 is also conferred acquitted. Pls. suggest how to obtain Declaration of Death of my mother. Thank you.
prabhakar singh
(Expert) 30 March 2013
Your problem is governed by section 108 of the Indian Evidence Act,which lays that when the question is one that whether or not a person is dead or alive and it is proved by you that your mother has not been heard of from seven years by those who would naturally have heard of her if she had been alive, the burden of proving that she is alive is shifted to the person who affirms it.
Hence take a copy of order of her getting declared absconded and claiming her dead by an application to the Govt.department concerned request them to release service benefit of your father to heirs of your father,in case they deny to do so serve a notice on the government in whose service your father was u/s 80 of the C.P.C and after two months of service of such notice file a suit of declaration in the civil judge court of the Civil court of the District where trial was going on.
Accordingly take the help of a local lawyer.
R.K Nanda
(Expert) 30 March 2013
contact local lawyer.
Raj Kumar Makkad
(Expert) 01 April 2013
I do endorse the detailed advice of Mr. Singh.
