How to obtain a death certificate?

Death certificate is a legal document proving the occurrence of a death. It is an important document in property transactions, claiming of insurances, provident funds, share transfers, etc. This document is also mandatory to obtain a legal heir or a succession certificate.
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What is a death certificate?

A death certificate is the official legal document that describes a person's death. The name of the person, the age at the time of his death, the place of death, and the reason for his death, and all those particulars. So a death certificate is a compulsory document that proves the death of a person and his non-existence.

What is the timeline for obtaining a death certificate?

Immediately after the death of a person within seven days, an application can be made before the town panchayat or before the registrar of birth and death and even in case if the application is not made within seven days then within one year, it can be made before the same authorities on payment of some penalty. In case the death is not applied, if the death certificate is not applied for within one year then in that case order from the judicial magistrate must be obtained for issuance of a death certificate.

What is the procedure for obtaining a judicial order for the issuance of a death certificate?

If the death is not registered within the one year from the date of death, then a petition under Section 10B of registration of birth and death act has to be made before the judicial magistrate of the particular area where the death has occurred and on adjudicating the facts and circumstances and on believing the reason for the delay. The judicial magistrate will order the death certificate to be issued.

What are the documents and information required for making a petition under section 10 (b)?

So the main document would be the report from the hospital or an affidavit from the appropriate legal heir who is applying for the death certificate along with two witnesses. The two witnesses must be a person whoever the majors at the time when the death has occurred. And supporting documents such as the nil issuance certificate from the appropriate office must be produced for obtaining an order on the death certificate.

Is registration of death compulsory?

As per the registration of the birth and death act, 1969, registration of the death is compulsory.

Where should the death certificate be registered?

Death should be registered at the place where the death has occurred. For example, if a person belonging to Chennai has died in Mumbai then dead must be registered in the office at Mumbai.

How was death registered in the case of a missing person?

So the act does not say anything in particular about a missing person but a declaratory suit that grants that a person is dead or is declared to be dead shall be registered and considered well at the time of registering.

What is the timeline for obtaining the judicial order?

It usually takes six to eight months time for obtaining the judicial order for issuance of a death certificate.

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