Under which section can I file for presumed death declaration?

My father has been missing and has not been heard from for more than seven years by anyone known to him, including close relatives, friends, neighbors, and authorities such as the SDO & ERO Ghatal, BLO, and local police. I want to file a petition in court to declare him presumed dead. Under which maintainable section can I file a petition for the court to declare the missing person presumed dead?

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Advocate By LEAD INDIA Answered: 13 Jan 2025

Sir, under Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 you can file a petition in court to have your missing father presumed dead after seven years of disappearance. The court will examine the evidence and if satisfied it can declare your father presumed dead. You may also file this petition under the "Presumption of Death" section in civil court. It is advisable to consult an expert lawyer for detailed guidance and proper filing procedures. For further legal assistance contact us on our helpline number.
 

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