Father missing from 23 years and no FIR Father missing from 23 years and no FIR

2 years ago

My father went missing in 1998 when I was 4 years old. My mother did not know to file an FIR at that time. I am looking to get a proof of missing or death certificate for any legal related things. Is this possible ? If yes, What is the procedure ?

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Under Section 108 of the Indian Evidence Act, 1872, a person who remains missing and has not been heard of by persons who would have usually heard of him for seven years is presumed to be dead for all legal purposes. To prove that a person has gone missing, one has to show that the persons seeking such a declaration have taken appropriate steps to find the person. This may include filing a missing person complaint with the police, issuing advertisements, contacting relatives or friends and the like.The Court requires proof regarding the individual's background, disappearing circumstances, and any witnesses' account to disappearing the last person(s) to see the missing individual alive. The Court also requires evidence regarding what has occurred since the disappearance, both in search efforts and whether any action may propose the individual is as yet alive (for example, bank account activity). Once the Court is satisfied, it issues a decree declaring the person to be dead. Only after procurement of such a decree can the death certificate be obtained from the Registrar under the Registration of Births and Deaths Act, 1969.
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Anik

Responded 2 years ago

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A.Dear Client,
If a person is missing for a period of time that is too long it is possible to presume the death of the said person. The Madras High Court Bench has also stated in a judgment that a person missing for long and not heard of for over seven years could be presumed to have died under Section 108 of Indian Evidence Act, 1872 only on the day after the completion of seven years.

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