David Dabre (Finance Manager) 21 August 2012

Procedure for declaration of civil death by court

Hi friends,

I want to know about procedure for filing petition for declaration of civil death by a court incase of missing person for sevent years. Police have already given a certicate of missing. Which court or authority to approach in case of missing person is from Mumbai.

also 1) which law will govern these cases other than indian evidence act ?

2) is it compulsary to obtain this certificate

3) what are benefits of getting certificate

Thanks & best Regards

David

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 21 August 2012

1. Declaration has to be filed in the local civil court/ADJ. Law involved is S.108 Indian Evidence Act.

2. It is not compulsory - but this declaration would be presumption of death, and hence all natural consequences that flow on the death of a person (Suceession etc would follow)

N.K.Assumi (Advocate) 21 August 2012

I agree with the view of learned Bharat Chugh. I dont think any one will give you a death certificate except the facts of missing, as it will be a paradoxical certficate: with living man as dead, dead man returning to life and the same man considered as alive for one purpose and dead for another purpose the realm of legal fictions acquires a touch of supernatural under the paradoxical doctrine of civil death.