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Death Certificate: An Analysis | Company Vakil
Death Certificate

Introduction

The government issues a Death Certificate to the kin or the nearest relatives of the deceased, stating the date, fact, cause of death and some other personal information about the deceased. Several times death certificate serves as a proof for the legal purpose. Law states that it is compulsory to register the death of the person within 21 days of its occurrence. The registration of births and deaths act of 1969 requires the registration of every death with the concerned state government/UT.

Legal framework

Registration of births and deaths act, 1969 is an act that mandates the registration of deaths and births. The government has provided an effectively regulated system for the registration of death with the registrar general of India, at the center and chief registrars in states going through the district registrars in the villages. Furthermore, a head person of the family can also register a death, if it occurs in the house. A medical practitioner can register a death if it occurs in the hospital or the police can register a death if in case, the body is found in a deserted area. Registration of death is a condition precedent in order to obtain a death certificate. Filing up of the prescribed form by the registrar is essential. After due verification, it is finally issued.

Why is a death certificate essential?

Most importantly it’s essential to prove the fact of death in legal terms. The certificate releases the deceased from social, legal and official obligations. It also enables the settlement of property of inheritance. furthermore, it’s important to claim insurance and other benefits. If a person’s spouse passes away, then, the other spouse can claim pension only on the production of the Death Certificate.

Documents required for obtaining a death certificate

  1. firstly, the Birth Certificate of the deceased.
  2. An affidavit which specifies the date and time of the death of the deceased.
  3. Fees paid in the form of court fee stamps.
  4. A copy of the ration card

Above all the person applying for the death certificate have to declare the evidence of the relationship.

The application form to obtain the certificate is available with the area’s local body authorities and the Registrar. The registrar maintains the Register of Deaths. Most importantly an evidence of death is necessary. It can be either in the form of a hospital letter or a certificate by a civil official.

Procedure for obtaining Death Certificate

First of all, local authorities register a death within the time period of 21 days of its occurrence, by filling up the form prescribed by the Registrar, in order to obtain for a Death Certificate. Local authorities issue the certificate after proper and due verification. Death registrations done within 21 days of its occurrence are done without any cost.

From 21 to 30 days after the death, the Medical Officer, Health (MoH) will certify, levying a fine of Rs. 25. After 30 days to within one year of the death of the deceased, only the Joint Director of Statistics can provide the death certificate. However, a fine will be levied amounting to Rs 50. Even more, if the registration of death is done after one year, the applicant can get the death certificate by order of a first class magistrate only. Although it can turn out to be a lengthy process. Consequently, the applicant will require the Cause of certificate, Cremation Certificate, and an Affidavit.

Summary

The government issues an official statement in the form of a Death Certificate to the kith and kin of the deceased. It certifies the date, fact and the cause of death of the deceased. The registration of births and deaths act, 1969 mandates the registration of death in India.

Visit Company Vakil for any legal registration service.

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