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  • Category: Indian Law

    Sudden unexpected death of my sister


    Have you got any doubts about tackling legal issues connected to the death of a lady within a period of seven years of wedlock? Are you confused as to how you should proceed? Just follow this thread to know more about the issue.

    I am new to this forum. I am working for a private company and is settled in Chennai.

    A few months before, my sister came to my parents home for her first delivery and last month she delivered a girl baby in the cesarian process. After a few days she suffered from cough and upper back pain for a few days and we took her for a regular check-up.

    One year back she was implanted with a pacemaker for Bradycardia and after some more months she suffered from seizure and doctor advised her to continue medicines for fits for some days and her husband used to take her for regular check for both heart and fits.

    After 20 days of her delivery she started feeling tired and the very next day we got an appointment with a cardiac specialist. But before that day when she fell down due to fits and got injured in her head. We took her to a nearby hospital where they declared her dead. The body was then taken to the government hos[pital for the post mortem procedures.

    The next day we went to the local police station and did some paperwork and got signatures of five persons who came with us. By next day afternoon, they completed all paperwork and sent the Sub Inspector (SI) with us to proceed further in RDO office. So late in the evening RDO officer inspected and approved for the post mortem. Doctors asked me of the happenings and I explained the details. After about one week I received a call from the RDO office for enquiry. We went with five people who reside nearby my house.

    Now my doubt is,
    1. Someone saying that the RDO will get the postmortem report from the govt hospital and after that finally to the local police station where we informed about the death (Here the police took a written complaint from my dad and filed an FIR). Is this right?

    2. Will we have to go to the police station whenever they call us along with the five people who signed on the first day at the police station?

    3 What would be the next process? Should we appoint a lawyer for this issue?.

    Now, my parents are residing in a rented house which we occupied 6 months before and the house owner wants us to vacate the same due to some personal reasons and moreover we don't want to stay there itself as my mom keeps on crying. Her health is also not good

    4. My parents wish to move to my uncle's place in Chennai.

    5. Can we vacate and move on or should have to stay in the same locality (which we hate) till this FIR closure? If yes, should we inform the police about the same (where FIR is pending)?

    6. One of my advocate friends says that there is no need to inform as we are in India only.

    7. Moreover, it is not that much a serious case and has arisen only because the death occurred before 7 yrs of marriage.

    I am confused about the whole process. Kindly guide me.
  • Answers

    15 Answers found.
  • Shall v vacate n move to uncle's house without informing police.....

  • Please do not do anything without informing to authorities. It will simply make them curious to know the reasons of your innocent acts. We are living in a system of governance and our aim should be to just facilitate the law makers and law protectors to that extent. As police is already investigating about this case, without any reason I will say, so you should also inform them in case you are shifting to another place. Just write a small note in the from-to manner and give it to the incoming dak system of the police station office and keep a copy with you. That is all and this small gesture from your side will do a great help to you only.

    Knowledge is power.

  • Karthick, condolences to begin with. But I have some doubts and you need to clarify. I don't understand why you need to go through such formalities if your sister's death is natural. Is there something more to it? We may be able to help only if you come out with complete details.

    “It is better to change an opinion than to persist in the wrong one." – Socrates

  • Dear Saji,
    Actually my sister got married in 2017 dec so even 2 yrs not completed na,
    as per rules a before 7 yrs of married life if a lady is dead that we have to complete such formalities.
    even we dono these , but in hospital they told we have to inform to local police and from them we have to get chek in a govt hospital, they will do postmordem procedure and after getting that cleared they will give an ack and that we have to produce in burial ground.
    so that these lengthy procedure, so that it took 2 days to get my sister's body to handover after PM.
    this was happened sir.

  • You have a genuine query but what I want to suggest is due to certain rules and regulations in the case of deaths the police and other investigating authorities want to complete certain formalities and after certain procedure the case will be conclusively closed. The intention of police and authorities is not to allege the family members for the said death but they have to exclude the possibilities of foul play before closing the case. Unfortunately these things take time and sometimes can take months of time. You need not to worry and think about those things much but as a good citizen it is your duty to cooperate with them to the best possible manner. Once the case is closed you will get an endorsement from them which you can keep for your records. So, take this in a positive manner and in case you want to be absent from the town for a long time or want to shift to another place then just give a formal information to the police station about your movements. This will in fact help you only in the matter. A clean and clear consciousness sometimes requires appropriate actions also and a man is judged by them only.

    Knowledge is power.

  • Yes. It is true. After marriage before 7 years something like this happens we have to inform the police. That way it is correct. You got the postmortem report and what did it say? She expired in your house and not in the in law's house. How they are suspecting? once the postmortem says that death is due to an accidental fall because of ill health. Then there should not be any problem. What is written in the postmortem report is important?

    You have to inform your whereabouts to the police. Without informing them if you shift your residence, it will be treated as absconding and the case may become a little serious. You can inform the RDO and the police station and give them in writing your new address and then you can shift with their knowledge. I feel it is better to shift to a new house in the same place so that you can be available to the enquiry officers. Otherwise, every time coming from Chennai may be a problem.

    You talk to the RDO separately and tell him that my mother is not able to stay at that house and hence we are planning to shift and request him to send his clearance to the police station so that FIR will be closed. Similarly, you have to meet the police station house officer and tell them the reasons for your planning for shifting.

    I am wondering why the RDO is keeping the case alive without any problem. They will never investigate without any doubt. You better clarify with them and see that they will help you. There is nothing wrong with informing and shifting.

    It is always advisable to take the suggestion of a good lawyer. You have to explain to him the full case and show him the postmortem report. Then take his advice.

    drrao
    always confident

  • Dear Sir,
    1.My Sister already suffered from heat problem and for this BRADYCARDIA, we implanted PACE MAKER to her last year.
    2.last year she got FITS in July and for that taken scan and other test and also doctor advised her to take medicines regularly till 3 months after her delivery.
    3.Actually RDO staff scolded Police why for FITS / Natural death taking this as a case and filing FIR and sending the same to this RDO office and giving us extra work burden, but police told it was the procedure as this is below 7 yrs period of marriage.
    4.So in RDO all enquiry was over (no suspection from groom or our side) we both the sides clearly states this in RDO enquiry (this happedn not during the death time , as that staff told it will take some more time so after postmordem you go and complete burial formalities and then after couple of days we will call you for enquiry , so 1 week of death only RDO enquiry took place and all work over there and RDO officer madam came to govt hospital mortuary and approve for postmordem and those doctors asked me what has happened and also i requested them to remove the pacemaker as the same will get burst bcoz in our customs we burn the body usually.so postmordem report not given to us and the same will recd from govt hospital to RDO and from them to police)
    5.Now its part of Police to close this FIR.

  • Just called RDO PA - he told that case enquiry and all related work was over here and we wont receive postmordem report and hereafter police will close this FIR he told.

  • Dear All,

    As per the advice recd here, Yesterday I went to Police station where FIR filed.
    I informed about the vacate of present house and also told that my parents moving to some location in same Chennai to relative house. I also bought letter for your reference.
    But Inspector told that no need for these and all as this is just a Natural death and once postmordem report comes we will close this FIR and no need for intimation of your change of house.
    we have your mobile no. so we will call you if we have need any clarifications from you.
    like this i got the reply from police station.
    so what will be the next process,
    kindly help me out in this situation.

  • There are certain formalities to be completed once the Police smells some foul play in case of murder. However, it is not necessary their suspicions may not be true always but they are guided with the existent rules in respect of unnatural death.
    In the case of your sister, she had the heart ailment and due to the same reason, the pace maker was installed and the problem of FITS persisted later on.
    FIR was not necessary in such case since this was a natural death and even the same was endorsed by the RDO but police had another clause indicating the marriage was within the seven year term.
    In case of suspicion, the police makes strict vigilance and in that case shifting of the residence has to be intimated to police and in case also, the same thing applied.
    Now even the police has realised the situation leading to her death, you will be exonerated from any charge and the formality of closing down the case would take place shortly.
    Hence you need not worry on that account.

  • Dear Sir,
    Thanks for your prompt reply.
    But please clear me how long it will take to close this FIR

  • Just relax. As they have said that they will close FIR and no need to inform about movement then keep continuing your daily routine. Government work usually takes time so just make sure whenever they call you get available. If you go out then tell you are temporary out for work. Keep it simple. They have already acknowledged about cause of death. Please don't panic and specially don't discuss about this with relatives.

    Avi
    Life Is Beautiful

  • Thanks for your prompt reply ji.

  • Dear All,

    Again I went to the police station to request a copy of PM report.
    But still police itself not yet received the same as the lab report was pending from forensic n once it was ready then
    only PM report will come to police station - one of that police sir told this.
    what is the use of Lab report, why it is must for PM report.
    if i request a copy of the PM report, they will give or not.
    kindly guide me. pls

  • still PM report not yet recd, went police station and asked , we were told that govt doctor who sign in PM report os on long leave.
    some inputs im expecting here


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