How to get death certificate
Vivek Sharma
(Querist) 01 March 2012
This query is : Resolved
my father is missing since last 8 years. I have reported in police and obtained certificate from police that he is still missing. I want to obtain death certificate. how can i get it?
adv. rajeev ( rajoo )
(Expert) 01 March 2012
File a suit for declaration against the state govt., to declare the civil death.
mahendrakumar
(Expert) 01 March 2012
if a person is missing for more than 7 years,we can presume death.
Advocate M.Bhadra
(Expert) 01 March 2012
File a Declaration Suit for Civil Death with a copy of Diary and after getting order form the Court you can also obtained death Certificate from the Local Municipality.
V R SHROFF
(Expert) 01 March 2012
Get declaration of civil death.
Kirti Kar Tripathi
(Expert) 01 March 2012
you have to obtain declaration from civil court in this regard and on the basis of said declaration, you can get death certificate from municipal authorities.
Deepak Nair
(Expert) 01 March 2012
Yes. file a suit for declaration in the civil court as advised above. Thereafter, you have to approach the municipal authority with the order of the court.
Sankaranarayanan
(Expert) 01 March 2012
The. Certificate is to be issued by corporation or munisipal or panchayat. On the basis of crimination ground report along with DR certificate for death
sanjeev murthy desai
(Expert) 01 March 2012
What purpose you need his death certificate and do have any relationship with him.
In my opinion just take paper publication about his not heard from the last 8 years and paper publication is sufficient proof of his death.
Kirti Kar Tripathi
(Expert) 01 March 2012
This type of death is based on presumption and considered a civil death, unless proper declaration is not obtained from court, It can not be tarted that the person concerned has died. Thus proper declaration of Civil court is required. For taking benefit/rights on the basis of said civil death i.e. succession or otherwise
prabhakar singh
(Expert) 01 March 2012
In my opinion you should file mutation application before Tehsildar/Municipal board claiming his civil death on the basis of the FIR and police report with affidavit that your father is missing since last 8 years and has not been heard of or seen by any of friend relative or people who could have seen him or heard about him,had he been allive and police also has been unable to trace him;therefore he would be presumed to have been died under law laid down in section 108of the Indian Evidence Act.
If authorities refuse and do not order mutation then you need to serve legal notice upon them as well as on the state u/section 80 CPC and also under Municipality Act ,if Municipal Board is also involved,then after passing of statutory time of two months notice period,the suit for declaration should be filed.
There is no point to file the suit directly.If you claim his death and seek mutation but state authorities deny your claim only then cause of action for the suit would arise.
