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Civil & Property Law

How to get death certificate in Kolkata

When a death happens in a city area it is registered with the municipal corporation, and in a rural area with the local registrar of births and deaths. The person who is legally bound to give the information - usually a family member present at the death, the head of the household, or the medical institution - reports it, the information is entered in the register, and a certificate issues. A certified copy can be applied for later, and a mistake in the entry can be corrected through the registrar's correction route. The certificate is a public record, so the register, not the hospital, is the source of the copy that the bank, insurer or court will accept.

Before you start

  • The medical certificate of the cause of death, given by the hospital or the attending doctor.
  • The identity of the deceased and of the person reporting the death, with proof of the relationship or the capacity in which the report is made.
  • The exact date, time and place of death, the age, and the usual address of the deceased.
  • If the death was reported to the police or was unnatural, the police papers and the post-mortem or inquest record.
  • The registrar's own form for the reporting, and the prescribed fee for a certified copy where one is asked for later.

Steps

  • Get the medical certificate of cause of death. If the death was in a hospital, the hospital issues it. If it was at home, the attending doctor or the doctor who verified the death gives it. This paper is the base of the registration.
  • Report the death to the registrar. In the city that is the municipal corporation's registrar for the ward; in a rural area, the registrar for the local area. The death must be reported within the period the Act allows, and the informant must be a person legally bound to report it.
  • Let the entry be made. The registrar enters the particulars in the register of deaths. Registration is not optional - it is a duty, and a late report attracts the late-registration route with its own permission and fee.
  • Obtain the certificate. The registrar issues the death certificate from the register. Check every field - name, date, age, place and the informant's name - before you leave.
  • Apply for a certified copy later. A certified copy of the registered entry can be obtained at any time on an application to the registrar with the prescribed fee, which is fixed by the state schedule. This is what banks, insurers and courts usually want.
  • Correct an error. If a name is misspelt, the date is wrong or the age is off, apply to the registrar for correction with an affidavit and the supporting evidence; if the registrar refuses, the remedy is in the manner the Act and the rules provide.

Documents to keep

  • The original death certificate, and two certified copies.
  • The medical certificate of cause of death.
  • The hospital discharge or admission papers.
  • The police papers, if the death was unnatural.
  • The fee receipt for the original and any certified copy, and any correction order.

What goes wrong

The commonest problem is the spelling of the name and the date of death. The registrar records what it is given, so an error in the hospital record or in the informant's spoken particulars hardens into the register and is painful to undo. A death that was never registered at all is the second problem - this surfaces years later, when a succession case or a pension claim needs the certificate, and it must then go through the late-registration route. Unnatural deaths cannot be registered on the medical certificate alone; the police and inquest papers must accompany the report. Finally, the certificate is not the same as a legal heir certificate or a succession certificate: the death certificate proves only that a person died on a date. For the property side - mutation of the deceased's holdings or an insurer's or bank's demand - see our property registration desk and the property registration formats. Where the death certificate leads to a succession or a mutation dispute, our civil litigation and property law teams take it forward.

Common questions

Who is the informant for a death at home?

Usually a relative who was present, the head of the household, or the person who was in charge of the premises. The registrar wants a person who can be held responsible for the accuracy of the information.

Can a death certificate be obtained after many years?

Yes, from the register, once the entry is traced, or through the late-registration route if the death was never registered. The registrar will want to see why the registration is late and the supporting proof of the death and the identity.

Is a hospital death certificate enough for the bank?

Usually not. The bank and the insurer want the certificate issued from the register by the registrar. Keep both - the hospital's cause-of-death certificate and the registrar's certificate - because each is asked for at a different desk.

What if the informant gave the wrong name?

Apply to the registrar for correction with an affidavit and the identity proof of the deceased. A correction based on evidence is normally allowed; the correction is noted in the register so the original entry is not simply overwritten.

FileX Advocates & Legal Consultants, Kolkata, handles registration, correction and the follow-on succession, mutation and insurance paperwork that a death certificate triggers. Call +91 7439811422 or WhatsApp us for a free first consultation.

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