Can we obtain legal heir certificate in case of a person missing Can we obtain legal heir certificate in case of a person missing

5 years ago

My father was a govt servant and he got missing in his service period .as per now he would have retired .
(May 2018 )
We are three brothers and no sister,our mother died when we were Young....
My elder brother just got a job in postal department .My younger brother and my self studying ....it's hard for us to continue study and living in my elder brothers salary...
We want to withdraw epf-gpf of our father.
When asked at office they are saying to produce legal heir certicifate...which can only be obtained after a person's death....

We are currently living in bhubaneswar odisha and my father also working here .....
So is there any substitute to legal heir certificate which on produce we can get the epf got money...
My father went missing on 1m7 Sept 2016.
Still untraced

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,

You have to file a missing complaint and get report from the police stating that your father not traced out inspite of best efforts. A provision of Evidence Act says a person not heard of over a period of 7 years shall be deemed as dead. You can approach a civil court with a suit for declaration declaring your father as dead on the basis of endorsement issued by the police and thus get decree accordingly.
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