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ahaan chopra   16 September 2021

Death certificate for missing person

My grandfather has been missing for about 9 years from Mussoorie. He was a resident of Uttar Pradesh and only went to Mussoorie for few days and went missing.

We have filed a suit in Mussoorie itself for presumption of death and subsequently a death certificate.We have a copy of complaint and a closure report by the local police. We also have ads and phamplets we used to find him.

After 2 years of toiling in court , the judge rejects the case by saying that it's not valid in mussoorie and can only be done in Uttar Pradesh, Ghaziabad.

What should we do now?


Learning

 7 Replies

Bhabani Padhy   17 September 2021

It's purely state law depends upon keeping in view of situations I hope Indemnity Bonds, if executed by the legal heir/s may be the solution

ahaan chopra   17 September 2021

how can it depend on the state law? if a person is Missing for more than 7 years he has to be presumed dead

Kishor Mehta (CEO)     17 September 2021

Only the Court, that has jurisdiction over the place of residence of a person, can officially declare a person dead who is untraceable for more than 7 years.

Dr. J C Vashista (Advocate )     20 September 2021

Declaration by a competent (Mussoorie) court is valid.

ahaan chopra   20 September 2021

@dr.jc vashista why is there soo much confusion for this case? some say Ghaziabad , some say Mussoorie

Dr. J C Vashista (Advocate )     21 September 2021

FIR for missing was stated to have been lodged by the police station of Mussoorie, which has jurisdiction on the subject matter.

ahaan chopra   21 September 2021

@Dr.JC Vashista the judge in Mussoorie along with other lawyers said it has to be the place of residence.Why is there no consensus on the matter?

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