bhavesh (student) 24 January 2015

Missingperson's death

Sir,

My Uncle(Unmarried) is missing since 9 years, in this regard FIR has not been lodged in police, but we advertised in news paper before 9 years. Is there any need of compulsory FIR in police station? what is the procedure to be followed? And also tell me the required documents and time to prove civil death by court. And also note that My grandparents is dead. I am from Gujarat.

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5 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 24 January 2015

U cannot confirm missing person is dead.Filing FIR is ideal but at ur option.

Advocate Ravinder (Advocate/Attorney) 25 January 2015

FIR is must. Now you have to patch up the lacuna. Atleast now give police complaint. Basing upon the fresh FIR and the paper publication made 9 years before you have to convince the court. As per law 7 years missing is sufficient. By hiring good experienced lawyer, you may win the case. Contact me for further details 7893011777.

Shantilal Pandya ( Advocate) 25 January 2015

FIR is not a must , you can tender evidence to the effect that your uncle had not been heard of his being alive for seven years or more by those who would naturally have heard of him had he been alive

Dr J C Vashista (Advocate) 26 January 2015

Yes, FIR is must.

However, did you ask the question from your teacher and/or referred the books on the subject?

T. Kalaiselvan, Advocate (Advocate) 27 January 2015

You can file a civil suit for declaration of missing person as dead since he has not been heard of for more than 7 years by those who would have naturally heard of him and the newspaper cutting publishing the details of the missing person can be added as documentary evidence to this.