missing person more than 7 year

Querist : Anonymous (Querist) 29 October 2010 This query is : Resolved
hi, my question is in brief Mr. A who was working in Postal & telegraph department and he been missed since July, 2002, in this regard FIR has been lodged and police has been filled untraceable report in 2004. now the LRs of missing person want to take fund & gratuity etc. now what to do to take these funds from the office of postal & telegraph department. whether first i file a suit for declaration of civil dead the said person or file indian succession act .
please help me with law and judgement.
thanks
raj kr. solanki advocate

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Devajyoti Barman (Expert) 29 October 2010
Yes, you have to first obtain such decree of the court.

adv. rajeev ( rajoo ) (Expert) 30 October 2010
You will have to file a suit for declaration and injunction against the Govt.,represented by Dist., commissioner and Depty director of public instructions. Before filing the suit you have follow the procedure u/s 80 of CPC.

Kirti Kar Tripathi (Expert) 30 October 2010
yes, agree with experts.

Parthasarathi Loganathan (Expert) 30 October 2010
Since the person is missing for more than 7 years, he is legally dead. Court has admitted several such applications from the legal heirs.

Sarvesh Kumar Sharma Advocate (Expert) 30 October 2010
file a civil case of declaration.

s.subramanian (Expert) 30 October 2010
You can straight away file the proceedings for succession certificate in which the court can record evidence relating to the matter and on the drawing of the presumption of death under the Indian Evidence Act,the court can grant the certificate to you. Succession court also has the power to draw such a presumption of law. You need not waste your time by filing a separate suit for declaration of death alone.