NARASIMHAN SAMPATH

Dear Client,
Section 13 of the Birth and Death Registration Act, 1969, deals with the delayed registration of the birth and death of any citizen. As per Sub-Section 3 of Section 13 of the said Act, any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a First Class Judicial Magistrate or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee. As per Sub-Section 4 of Section 13 of the said Act, the provisions of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified thereof and any such birth or death may be registered during the pendency of any such action. You need to visit the local municipal office or Gram Panchayat where the death took place and apply for a Non-Availability Certificate, which is a formal statement issued by the Registrar appointed under the Birth and Death Registration Act, 1969 that the death record from 1960 does not exist in their register. A notarized affidavit stating the facts of the death. Apply to the First Class Judicial Magistrate concerned along with the prescribed documents, NAC, Affidavit and other relevant documents explaining the reason behind the delay in the application and praying for an order for the delayed registration of death and issue of a death certificate in favour of the deceased. On receipt of order of the Magistrate, you need to apply to the Registrar appointed under the Birth and Death Registration Act, 1969 along with the said order and other relevant documents for issue of death certificate. A legal heir certificate establishes the relationship between the deceased person and his/her legal heirs. A legal heir certificate can be obtained after the death certificate of the deceased is obtained from the Registrar appointed under the Birth and Death Registration Act, 1969. Two common documents are required for processing and issuing a Legal Heir Certificate(Haisiyat praman patra) of a deceased person, one is a death certificate of the deceased person and an affidavit sworn by any one of the family member declaring therein the details of all surviving legal heirs or family members of the deceased apart from other routine documents certifying the identities of the legal heirs. A legal heir certificate is issued by the concerned Municipal Authority or Tehashildar under whose jurisdiction the deceased or surviving legal heirs permanently reside.