How to get a Death Certificate in India?
Author: Abhay Saxena, Bharati Vidyapeeth New Law College, Pune.
Death is a miserable moment in each person’s life and so the fashionable society of these days has created it necessary through the laws of our country that death has to be etched by the medical community and so there arises a desire for the Death Certificate.
A Death Certificate may be a document that is issued by the govt. to the relatives or the close to ones of the deceased stating the date, reality, and explanation for the death of someone and it serves a vital instrument.
Laws regarding the document:
The document of the death certificate is ruled by “Registration of Births and Deaths Act, 1969”. Under the law, it’s necessary to register each death with the involved State/Union territory Government inside twenty-one days of its prevalence. The govt. of India has provided an economical and well-defined system for the registration of deaths, with the Registrar General at the center and also the chief registrars within the States, the district registrars, and city registrars.
List of Documents required:
The following documents square measure needed to get a death certificate:
* A legal instrument specifying the time and place of death (Affidavit)
* A replica of the Ration card
* AN Address proof (Aadhaar Card, Electricity Bills, etc.)
* The person requesting the death certificate has got to give a proof of relationship with the deceased together with his/her status and address.
According to the Registration of Births and Deaths Act 1969, the Registrar can enter the name of the deceased into his/her records without charging any fee.
Steps to Obtain a Death certificate:
The steps to a death certificate are as follows:
Step 1: Get an Application form from the local body authorities.
Step 2: Fill in the details of the form like name of the deceased, time and place of death, etc.
Step 3: Attach the documents like age proof, address proof, a copy of ration card, etc.
Step 4: Since the evidence of death is needed, a hospital letter may be required which will specify the place of death or who certified the death at the burial grounds or crematorium.
Step 5: The form, along with the documents and the hospital letter, needs to be submitted to the Registrar of Deaths within 21 days.
Step 6: The Registrar will authenticate the documents and then put it in his records.
Step 7: After 1-2 months, the relatives or near ones will be notified that the death certificate has been produced and they can collect it from the Local Body Authorities.
What if we tend to miss the registration inside the required time?
It is troublesome to manage the legal formalities whereas handling the loss of a beloved and so if there’s any delay (expiration of twenty-one days) in news the death to the Registrar then it is pardoned by paying a nominal late fee of Rs 2/-. However, if the delay is over thirty days, then it can still be done however by written permission from the Registrar and a legal instrument from the functionary, within one year from the date of death.
Need for Death Certificate:
The Death Certificate is a vital instrument and is needed for numerous reasons such as:
* Claiming life assurance
* Subsidence Estates
* Medicaid advantages
* Future marriages
Problems with the difficulty of Death Certificate:
There square measure some issues that someone might face whereas obtaining a death certificate:
* The Doctor might refuse to sign the death certificate as he/she is perhaps unsure concerning the explanation for death. However, the laws that stop the delay of the difficulty of a death certificate and that they got to have a decent reason to back it.
* The incorrect explanation for death might seem on a death certificate as a result of over one health issue.
The solution to the above problem is that the doctor who is responsible to sign the certificate should look into the medical history of the deceased and examine it properly so that he isn’t unsure about it. The second problem is an incorrect explanation of the death of the deceased, for this, the medical practitioner or the physician who signed the certificate needs to provide documentation to prove that the death certificate needs amends. The documentation should include the deceased’s name, date and place of death, the error, the amended information and the signature of the medical practitioner.
Whether a Death Certificate is obtained online:
With the advancement in technology, everything is digital these days and that is the procedure to induce a death certificate.
The documents need to be uploaded electronically through an account. A proforma of registration could also be obtained from Clicking Here and an output signal is to be taken and has got to be submitted to the native registrar’s workplace and also the mortal will track his request from the account created.
This facility isn’t out there to those who have exceeded the twenty-one days point and so they need to physically submit the registration type together with the documents to the native registrar’s workplace.
Thus, a death certificate is an essential document that is evidence or proof whether or not an aforementioned person is dead or not. In cases, particularly criminal cases, the knowledge concerning the death of the victim is obtained through it.