Declaration of Death
M RAVI KUMAR
(Querist) 24 May 2011
This query is : Resolved
Sir, I Ravi, Age-25 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. 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. 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 (copies enclosed). 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,
Guest
(Expert) 24 May 2011
Please clarify the following points:
1) What was the total service of your father at the time of death?
2) Did any one inform the concerned department about the death of your father along with submission of his death certificate?
M RAVI KUMAR
(Querist) 24 May 2011
PS Dhingra Sir, 1.Our father has completed 15 years of service.
2.We have informed department about Death of our father along with death certificate.
We are (3) children Aged 25, 23 & 20.The problem is since absconding of our mother we have to obtain Death declaration. since absconding of our mother the department is rejected for payment of pensionary benefits.
M/s. Y-not legal services
(Expert) 26 May 2011
You may file a suit for declaration of civil death about your mother.. If you proved the past 7 years absence of your mother's by witness and proper evidences mean court will assume that your mother may not be no more.
M/s. Y-not legal services
(Expert) 26 May 2011
Then the murder case proceeding will not get dispose by the declaration of civil death. In case in future your mother available mean automatically the proceeding will start against her..
