• Death certificate

Greetings!

My father died 2 months ago in a private hospital in Kolkata. The hospital provided us with a death certificate. We took his body to Varanasi for cremation. The rights were done at Manikarnika ghat. After returning, when we tried to get through with the documentation, a nagarpalika death certificate was required.He was being treated at Kolkata and Varanasi was his last wish.

Now, we don't have any cremation certificate. Reason being, no body told us about it. How should we go about to procure the death certificate?
Asked 10 months ago in Civil Law from Patna, Bihar
1) Without cremation certificate you would not be able obtain death certificate from muncipal corporation 

2) you have to contact the person in charge of the manijarnika ghat where last rites were performed 
Ajay Sethi
Advocate, Mumbai
26123 Answers
1421 Consultations
5.0 on 5.0
Go to the burning ghat in Varanasi and get the death certificate from that place.
On the basis of death certificate issued by the hospital you can apply for it from KMC as well.
Devajyoti Barman
Advocate, Kolkata
6480 Answers
72 Consultations
4.9 on 5.0
You should apply for the death certificate to the competent registrar of births and death in Kolkata where your father breathed his last. They are bound to issue the certificate. If they do not do so then appropriate orders can be sought from the court.
Ashish Davessar
Advocate, Jaipur
19213 Answers
484 Consultations
5.0 on 5.0
You somehow have to get a cremation certificate from Varanasi.  
There will be people to help you by taking some money, you can try one in the local at Varanasi.
Cremation certificate is essential for registering death with the concerned registrar/authority besides a certificate from hospital about death. and its cause.
T Kalaiselvan
Advocate, Vellore
16525 Answers
153 Consultations
5.0 on 5.0
if death certificate is issued from the hospital than no need to obtain cremation certificate. there is no mandatory provision that dead body must be cremated at particular place where cremation certificate has been issued. 

you can give an affidavit that body is cremated at varanasi this is admissible and municipality will issue death certificate. 
Shivendra Pratap Singh
Advocate, Lucknow
2998 Answers
45 Consultations
4.9 on 5.0
1) you have to file writ petition in HC to direct ghat in Varanasi to issue cremation certificate

2) rely upon death certificate issued by private hospital  to prove your father demise 
Ajay Sethi
Advocate, Mumbai
26123 Answers
1421 Consultations
5.0 on 5.0
It is illegal on the part of municipality to refuse death certificate on the ground that the patient died in a private hospital. The death cause certificate may be from any hospital, private or government. You should move the High Court against the refusal of municipality of Kolkata. You are not hopeless. 
Ashish Davessar
Advocate, Jaipur
19213 Answers
484 Consultations
5.0 on 5.0
Dont lose your heart.
Since you have death certificate issued by the private hospital, first apply for death certificate on that basis before the Registrar of births and deaths.
If the authorities deny issuance of the same or even registration of death, you may ask them to give it in writing.
After obtaining the denial in writing, file a declaration suit to declare the death of your father on the basis of hospital death records and witnesses thereto. 
Implead the registrar authority as party  and seek direction against them for registering the death by a decree of court and then you can obtain the death extract from the authorities.
T Kalaiselvan
Advocate, Vellore
16525 Answers
153 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
16525 Answers
153 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
26123 Answers
1421 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19213 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
280 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3722 Answers
140 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2998 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
64 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1991 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
810 Answers
56 Consultations
5.0 on 5.0