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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?


 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 and Legal Consultant)     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 and Legal Consultant)     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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