(Querist) 02 April 2011
This query is : Resolved
My father’s uncle who was bachelor and was staying with our family whole life. Suddenly, he was missing from December 1992 at that time he was about 65 yrs old. He was SADHU type. We got his POLICE NON TRACEBLITY REPORT on 2010 after almost 18 years from police headquarter regarding his missing. On the basis of that report and other record we filed a case within one month from the date of received POLICE NON TRACEBLITY REPORT to declare him civil death at Lower sub divisional court and the case still pending. Now our advocate is telling that the court may not declare the same because now the rule of this case has been modified by high court and now, it’s contained that the suit has to be filed within three years of the missing date. The purpose of declaration of civil death is that the property where we are residing is belongs to that missing person. Although that missing person was bachelor and was staying with us in this way we become his closest-nearest one. Now we are planning to do BLRO MUTATION and after that we want to sell that property. To do that missing person need to be declare as CIVIL DEATH. Now, I would like to know: 1. Is it true that High court has modified any law to declare Civil Death process? 2. We got his POLICE NON TRACEBLITY REPORT on 2010 after almost 18 years and how can we pray to court for declare him civil death before that? 3. Are the above mentioned points not sufficient to declare civil death? If it is not then what will be the key factors? 4. If the order is not comes in our favor then how can proceed to sell the property? Kindly suggest.
(Expert) 08 April 2011
its important to know that when u register fir in ps and when u got non tracebale report when u get that report your cause of action arises n u can pursue for decleration of death in civil judge junior dev court there is no law change regardinf decleration of death u ve to give sec 80 cpc notice to govt. and any other legal hair.. u must ve some evedence regarding missing of that person or certificate from local authority as evidence and so on
(Querist) 08 April 2011
Dear Sir, Thanks for the reply. We lodge FIR regarding the missing very next day of his missing date, and we applied for non traceability report at Police Head quarter after 17 years of his missing date and we got that report within 6 month of applied date. We have all the record regarding his missing like Police non traceability, Affidavit copy for applying for that report, News paper publication, Local MLA certificate etc. Could you tell me what is “80 cpc notice”?