Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ahaan chopra   11 October 2021

Declaration suit

Where is the. declaration suit for presumption of death of a missing person for over 7 years is filed?

place of residence or the place where the person went missing?


Learning

 4 Replies

minakshi bindhani   11 October 2021

As per your concerned query!

According to the Registration of Births and Deaths Act, 1969(RBD) you may register the death declaration in a prescribed manner.

Whereas, Section 108 of the Indian Evidence Act, 1872, a missing individual for over seven years is assumed dead.
Notwithstanding, the said section is silent about the death's date and place, which a Competent Court can decide depending on the oral/documentary evidence before the Court. According to the explanations given by the Ministry of Home Affairs, each candidate/Legal heir ought to hence get necessary orders from the Competent Court by swearing in necessary affidavit not just for getting the date and place of death of the missing individual yet additionally for going through the deferred registration process under the Registration of Births and Deaths Act, 1969. Specimen format is being made accessible in all the RBD centres.

Furthermore, all the candidates/Legal heirs of the missing people will present the affidavit appropriately solemnized before their respective Judicial First-Class Magistrate as the case might be alongside the Death Report and any remaining supporting proof/records as accessible with them to help the missing event of the individual concerned, FIR lodged, a published copy of missing people in the Daily Telegrams, any reference(s) from the business/Department and so forth to the Office of the Chief Registrar of Births and Deaths for verification.

To answer your question you can apply before the judicial magistrate of the First class at your place of residence.

Hope it is understandable!
Regards
Minakshi Bindhani

Kevin Moses Paul   12 October 2021

Basically, you may file for the declaration suit for presumption of death at the place of your residence. There is no need or any such guideline prescribed that a person should file for such a declaration from where the person went missing.

You should file for the same from the place where you reside.
1 Like

G.L.N. Prasad (Retired employee.)     12 October 2021

The first step is filing a complaint before Police and getting not traceable certificate from them for easy solution.

Dr J C Vashista (Advocate)     12 October 2021

Either of the place may be opted for institution of a declaratory suit.


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