A death certificate is a legal document that attests to a person's passing. A death certificate offers concrete evidence of a person's demise along with the location and date of the death.
The Registrar is responsible for supplying the death certificate. The registrar's duties have been delegated to several officers and officials with various titles and are mentioned below:
The person requesting a death certificate must complete a form (Form-2 for deaths) at the hospital, which will then send the completed form to the registrar's office. The certificate will be given by the Registrar and made available for pickup at a designated time.
For providing a cause of death
In some cases, a missing person's family is unaware of her or his current condition, including whether the person is alive or dead. According to Sections 107 and 108 of the Indian Evidence Act, the person is typically presumed to be dead by the court if she or he is missing or cannot be reached after seven years, but not earlier.
It is the burden of proof to disprove the assumption of death and establish its time and location. Upon being contacted by the plaintiff and using the oral and written evidence presented to the court, the competent court or authority may make a determination regarding the same.
The date the plaintiff approached the court would be regarded as the date of death if the court does not specifically state the date of death in its order.
Special arrangements, such as the appointment of Sub Registrars with sufficient authority for on-the-spot death registration and death certificate issuance, will be made during times of natural calamities such as Flood, Earthquake, Tsunami, and catastrophes such as severe accidents resulting in mass casualties.
The Registrar must be notified of a death within 21 days of the death date. A copy of the prescribed finer details from the Death Register will be provided without charge for events that are reported for registration within 21 days of the event.
After the period of 21 days has passed, you may also receive information about the occurrence of the event. Delay in registration refers to the following situations:
Registration requests that are delayed must be approved by the specified authority and pay a late fee. When a death event's information is provided to the Registrar after 21 days have passed but within 30 days of when it occurred, it must be registered and a late fee of Rs.2 must be paid.
Only with the written consent of the designated authority, on the production of an affidavit made before a notary public or other officer authorised in this regard by the State Government, and on payment of a late fee of Rs.5 may a death event be registered that is reported to the Registrar after 30 days but within one year of its occurrence.
Only on an order issued by a magistrate of the first class, after verifying the accuracy of the event and paying a late fee of Rupee 10, may a death event that has not been registered within a year of its occurrence be recorded.
The following documents are necessary to obtain a death certificate if the death was not previously registered at the time of death:
Corrections may be necessary as a result of factual, substantive, or fraudulent errors.
Example: The person's name was entered incorrectly as "Pal" rather than "Paul." If this is the case, the Registrar may, after assuring themselves that the spelling is correct, make the necessary corrections by making a suitable entry in the margin of the death register without changing the original entry. The marginal entry must also bear the Registrar's signature and the date of the correction.
Example: The person's reported sex is listed as male rather than female. If the applicant presents a declaration as to the error and the relevant facts, the Registrar may correct the entry in this situation.
In addition, two reliable individuals must certify that they are familiar with the case's facts. All corrections must be reported by the Registrar to the state government or the designated officer, along with any pertinent information.
The Form No. 4 medical certificate indicating the cause of death must be sent to the relevant Registrar by the Head of the Medical Institution.
The Registration of Births and Deaths Act, 1969 mandates that every death in India be reported to the relevant State/UT Government within 21 days of the death's occurrence.
Even if you do not require probate, you will still need a copy of the death certificate for each asset holder, such as each pension or insurance policy, bank or building society where there are accounts.
Indian citizens' deaths that occur outside of the country cannot be registered in India. These deaths are reported to the Indian Consulate under the Citizenship Act of 1955 and are presumed to have occurred in accordance with the RBD Act of 1969.
Nishit Kunal, currently working as an Editor has been with BankBazaar for over 5 years with expertise in writing on loan, credit cards, etc. When not working, Nishit dabbles between being a cinephile, writing, and playing with his dogs.
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