Death certificate
Querist :
Anonymous
(Querist) 31 December 2011
This query is : Resolved
This is the case of 1954. My client went missing in the year 1954 In Punjab. Then,within one year one of the client's son obtained a death certificate from the President of the Mohalla committee.
Now, is this death certificate valid? There were no laws governing the registration of births and deaths. I need to prove that certificate is admissible in law.
Deepak Nair
(Expert) 31 December 2011
Sorry, I cannot comment, since there were no law regarding the said issue at that time.
I commented here because i too would like to know how can that be proved.
Let's wait for the comments of the experts.
Shailesh Kr. Shah
(Expert) 31 December 2011
A person, who is not heard about 7 years, it is presumption in law that he is death. (Section 108 of The Indian Evidence Act)
It Should be declared by the civil court.
Querist :
Anonymous
(Querist) 01 January 2012
I have another doubt. Is the The President of the Municipal Committee a public servant? The death cerficate was issued by the aforesaid person..
Advocate. Arunagiri
(Expert) 01 January 2012
Who said there is no law governing the registration of births and deaths?
See the Act enclosed.
Who had issued the death certificate, initially you said it is Mohalla Committee and then you say it is Municipal Committee.
Whether the person issued the certificate is authorised as on that date?
In which year it was issued? On what grounds the death certificate was issued?
prabhakar singh
(Expert) 01 January 2012
Although there is law to register births and date,the person with whom the death was got registered being no body in law being authorized to register any death and issue certificate of death as his office as "President of the Mohalla committee"is a private body.
Moreover what is the basis of reporting death in a 'missing case' unless some one evidences he saw him dead some where and recognized such as before some police officer/station etc. or cremated the body himself.
I do not feel certificate admissible in law
unless some oral evidence is adduced as basis to prove the actual death on basis of which the fact was reported and certificate was issued by the issuer who does need to enter in the witness box to depose his justification for doing so.
In absence of above only presumption under section 108 is available that he shall be deemed to have been died between 1954 to 1961 and the moment the contesting party proves that he was seen some where by him in 1960,then presumption of 108 falls down then and there.
Querist :
Anonymous
(Querist) 01 January 2012
Dear Arunagiri Sir,
Sorry for stating the wrong fact over there. he was the president of municipal committee. the death certificate was issued by him in the year 1955. Registration of deaths and births act was enforced in the year 1969. So, in 1955 there was no particular act which had laid down the provision for registration of death in case of a missing person.
Querist :
Anonymous
(Querist) 01 January 2012
Dear Prabhakar Sir,
The person is the president of the municipal committee. As per my Knowledge, he should be considered as a public servant. So, the certificate issued by him should be admissible in evidence.
But the question that arises is whether he has the authority to issue the death certificate?
Sir, I am a final year student. we have to do three class moots in our final year. This is my class moot problem: Raj rani vs Chief Settlement Commissioner (A.I.R 1984 SC 1234). the judgement is not in my favour. I am counsel appearing on behalf of the Chief Settlement Commissioner. So, technically i am ve to defend the losing side.
prabhakar singh
(Expert) 03 January 2012
I was about to post this case law to drive the point home but you have already posted.
Let him be any one unless law confers in him a right to record death and to issue extracts as certification the same shall not be admissible in evidence under section 35,hence person setting up the certificate shall not be allowed to prove the date of death on strength of this certificate.
