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Akshay G   20 December 2021

Death declaration process or legal heirship

Dear Sir/Ma'am,

My father is missing in 1999. He is working in Brihanmumbai Electric Supply & Transportation Undertaking (Brihanmumbai Muncipal Corporation).
I appoint a Advocate with his guidance file a suit For Death Declaration. Under section Specific Relief Act 34,35 & 108.
After an one year Judge plaint rejected. What to do will I go for appeal or file a fresh suit.? I file a suit in kalyan court which in Thane District.
Need some guidelines.
My Advocate told me we have to go with Heirship Certificate under section 372.?? Is it option to get Heirship Certificate as well as death declaration under section 372.?
Please Reply your information will help my situation to make sure about further process.

I discussed in head office regarding father's dues claim process which we are not withdrawn from last 22 years from 1999.

So he told me Your father put nominations name is his mother so you to declare a civil death of your father which is missing and 2nd one is NOC of your grandmother which help to claim your dues.
But in court plaint is rejected what to do.??

Please give suggestions which help me to understand and proceed for process.
Thank you


Learning

 4 Replies

Shashi Dhara   20 December 2021

If you have given any missing complaint in police station  which has completed 7years  and not found  , with that copy you have to approach court to declare that missing is dead.

Akshay G   20 December 2021

Yess I have police complaint registered  of missing person which registered  in 1999. we File a suit. But plaint is rejected  by Judge. What to do next .??

 

My advocate  says either we go for appeal or Heirship.?? 

Is it worth it if I go with heirship still the person is not be death declaration.?? 

 

What to do can you please  elaborate  in detail. 

Thanks. 

Shashi Dhara   20 December 2021

No  heirship will given until death certificate is produced ,if petition is rejected file fresh suit  .

Akshay G   20 December 2021

Ok sir.

Thank you Shashi Dhara Sir. 


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