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What is the legal Formality to be Carried Out After a Person is Dead in India

Introduction:

Life and death are both like two sides of a coin. One who has got life will die one day and this is the rule of the earth. There are various legal formalities to be carried out after the death of an individual or person. The legal heir or legal representative must carry out the legal formalities after the death of the person.

Death Certificate:

A death certificate is a document which states the termination of an individual’s or person’s existence in India. The death certificate contains the place, time, date, reason of death and it also specifies the legal heirs of the deceased. It also empowers the legal heirs to enjoy his property and other benefits.

Legal framework:

It is compulsory to register every death under the law and as per the Registration of Birth and Death Act, 1969. This Act also helps in keeping the records of death. The government has a good system to register the death of the deceased. The government has laid down different registrar offices to register the death of the deceased. And it is the duty and responsibility of the legal heirs and legal representatives to register the death of the person dead in India.

The time period within which the death has to be registered:

Every state has the power to make rules so, the process to register the death is different in every state. The application form is available with the local body authorities or with the registrar who registers the death of the deceased. It is necessary to collect the documents required for the registration of the dead person. It is necessary to deposit proof of birth certificate, an affidavit mentioning the time and date of death of the deceased, a copy of the ration card and the required charges or fees of the form. There is a time period to register the death of the deceased within which the death certificate has to be registered.

Such time periods are given below:

  • When the person informs the registrar to register the death of the deceased within 21 days, the registrar who has jurisdiction is bound to give the death certificate without charging any fee.
  • Here, the person can get a death certificate by informing the registrar within 30 days of the occurrence of the death and the person has to pay Rs.2 as a late fee.
  • In case of more than 30 days and less than one year, the person must get written permission from the registrar and an affidavit from the notary public before registering the death of the deceased. Here, the person is liable to pay Rs.5 as a fee.
  • In case of more than one year, the person must get an order from the magistrate of the first class or a Presidency Magistrate by paying Rs.10 as late fees to get the death of the deceased registered.

A person bound to inform the Registrar about the death:

Registration of Births and Deaths Act, 1969 provides section 8 as follows:-

1. When death occurred in the house: The head of the house or any nearest relative who is head of the house or the oldest person of the family can inform the death.

2. When it has occurred or took place in the hospital: PHCs or Deputy Superintendent of the hospital or officers In-charge of referral hospital can inform the death.

3. And in case it has taken place in a maternity home and other institution: Medical officer In-charge.

4. In a Jail: Jail In-charge. And so on.

Documents required to get death certificate:

1.  In case of fewer than 21 days: Close relative or family member can give declaration and information, address of the deceased and copy of any one self-attested document.

2.  In case of within 30 days, the person must pay delayed Fee in addition to the details provided Supra.

3.  In case of less than one year and more than 30 days then Form 2, Non-Availability certificate, delayed fees and affidavit or declaration by the informant and should get permission from the competent authority.

4.  In case of more than one year, it is same as point 3 and needs an order from the magistrate.

Conclusion:

Registration of Births and Deaths Act, 1969 provides the procedure for registration of death. Every state has the power to make rules so, the process to register the death is different in every state. This Act also empowers the legal heirs to enjoy his property and other benefits. The legal heir or legal representative must carry out the legal formalities after the death of the person.

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