Consequences of Adding late before father's name when status of living not known
2 weeks ago
My father was accused of the murder of my mother when I was 2 yrs old and hence I have not seen him till now. He hasn't contacted me and I also didn't file any FIR as I don't feel any affection towards him
I have been brought up by my maternal grandparents . I had registered my father's name as late xyz in the matriculation certificate and all other relevant educational documents. I don't know whether my father is alive or dead. Now I got a govt job. Wheather adding late before my father's name in documents will create any problem in police verification if police found that my father is alive till now??.... If yes what are the measures I can take...??
A.Dear client, a person is to be declared dead if he hasn't been heard for 7 years. At first you have to file a missing complaint in the police station and after that you have to file a suit in civil court to get a declaration that the person is dead. Then you can declare your father as a dead person and can use late in the documents of yours.
Helpful
Helpful
Share
A.Dear Client
What you are sayin is a critical matter and you must first of all ascertain the fate of your father in all possible manner whether he is alive or not. In case you are not able to figure that out then you can lodge a missing report with the local police station and after 7 years he can be automatically declared dead.
As you mentioned that if he comes alive then your govt. jobs applications or future jobs might be questionable
What you are sayin is a critical matter and you must first of all ascertain the fate of your father in all possible manner whether he is alive or not. In case you are not able to figure that out then you can lodge a missing report with the local police station and after 7 years he can be automatically declared dead.
As you mentioned that if he comes alive then your govt. jobs applications or future jobs might be questionable
Helpful
Helpful
Share
A.Dear Client,
Under Section 108 of the Evidence Act, 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. In case of presumed death, a death certificate cannot be obtained until a declaration to that effect has been made by a civil court. When your father has been missing or not heard for more than 7 years, you need to file a civil suit for a declaration of deemed dead to obtain a death certificate in respect of your missing father from the Registrar of Bith and Death of the concerned area which is a legal document and can be used for all purposes. When your father has not been heard for more than 7 years, on presumption, you can prefix late before your father's name which hopefully, may/may not create any problem in the course of police verification. But based on presumption or assumption, a person cannot be held deemed dead until and unless a Civil Court passes an order declaring him dead as per the provision of the relevant law. So, it is advisable to keep a valid document to prove the presumption of the demise of your father, whenever required in connection with any purposes. You may take the service of an Advocate for the purpose.
Under Section 108 of the Evidence Act, 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. In case of presumed death, a death certificate cannot be obtained until a declaration to that effect has been made by a civil court. When your father has been missing or not heard for more than 7 years, you need to file a civil suit for a declaration of deemed dead to obtain a death certificate in respect of your missing father from the Registrar of Bith and Death of the concerned area which is a legal document and can be used for all purposes. When your father has not been heard for more than 7 years, on presumption, you can prefix late before your father's name which hopefully, may/may not create any problem in the course of police verification. But based on presumption or assumption, a person cannot be held deemed dead until and unless a Civil Court passes an order declaring him dead as per the provision of the relevant law. So, it is advisable to keep a valid document to prove the presumption of the demise of your father, whenever required in connection with any purposes. You may take the service of an Advocate for the purpose.
Helpful
Helpful
Share
A.Dear Madam
If any person is not heard of for more than 7 years it will be deemed that he is dead. On that presumption you can use late IN front of your's father name.
If any person is not heard of for more than 7 years it will be deemed that he is dead. On that presumption you can use late IN front of your's father name.
Helpful
Helpful
Share
Read Related Answers
Need some consultation
Dear Sir,
You may approach the concerned Police through email and registered post and also get issue a legal notice.
Someone hit my car from behind
Dear Client,
It may be noted that currently, hit-and-run cases are tried under Section 304A of the Indian Penal Code, which provides for the accused a penalty of up to two years in jail. All cases of...
complaint againt police office Mahe police station
Dear Sir,
It is nothing but high handedness and this incident should be brought to the notice of Hon’ble High Court, Home Ministry and Media then only you will get the justice.
Cognizance on police
Dear Client,
The Magistrate has the power to take cognizance of the offense on a complaint or a Protest Petition on the same or similar allegations even after the acceptance of the final report of the...
POLICE LAWS
Dear sir
Every state is having police manual and state police act. Many rights are given under Crpc also to the police to avoid law and public order and to arrest suspected persons
Read Blogs on Police Laws
Find Lawyers by Location
