you can file directly to magistrate court for declaration of died after that you can get order than file succession certificate
Sudhir Kumar, Advocate
(Expert) 04 October 2013
as per evidence act the man missing for last 7 years and not seen or heard is presumed to be dead.
Follow what Mr M Sheik MOhd Ali Advised.
prabhakar singh
(Expert) 04 October 2013
You do not need to file suit or complaint of declaration that person is dead.You need to allege and prove his missing over last7 years and pray court to presume his death and then it would party(if any) claiming him alive would be under burden to prove he is alive.
Rajendra K Goyal
(Expert) 04 October 2013
Well advised by the experts, nothing more to add.
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