GORKHA, Aug 30: District Court, Gorkha on Wednesday for the first time issued a death certificate in the name of a person who disappeared years ago. The court issued the certificate as per Article 40 of the new Muluki Codes 2017, which states that any person who is missing since 12 years will be declared dead after the family members or close relatives submit an application.
Baburam Sarki of Gorkha Municipality-2, Taple had submitted an application in court seeking death certificate of his brother Ritthe, who went missing since October 26, 1969. He was 16 years old then. Govinda Acharya, registrar at the district court, informed that the disappeared person was declared dead on the basis of testimony from the local witnesses including the family members and relatives.
Until 2017, there was no provision of declaring someone dead. Following the implementation of the new Muluki Codes, the court provided death certificate in the name of Ritthe Sarki. After receiving the certificate, fifty-one-year old Baburam said, "I had nothing in the name of assets as all the properties were in the name of my brother. We were not even able reconstruct our quake damaged house in lack of land ownership certificate."
He is happy that he will finally be able to build his home. Now, it will be easier for him to transfer the ownership of land from his brother. His father had died the same year when his brother disappeared and his mother eloped with someone else.
Family members of those who have disappeared since 12 years or more can now declare their relatives dead. Advocate Staneshwar Duwedi, informed that if in case the person appears after being declared dead, the certificate will be scrapped. Not just that, all the legal works done based on the certificate will be revoked. But still, there are so many people who are not aware about this provision.
Caption: Registrar of the District Court, Gorkha, handing over death certificate to the relatives of a missing person.