Cancellation of death certificate
I left my home town 7 years ago to go overseas to look for employment. When I came back in January this year I was informed that last year my brother filed an application in court for a declaratory order that I was presumed dead. After the Court had granted him the declaratory order that I was presumed dead due to absence for 6 years, he approached the Registrar of deaths to register my name in the register of deaths. Based on the death certificate he was given by the Registrar of deaths, he also went to Court and successfully lodged an application to be appointed administrator of my estate. How can I now remove my name from the register of deaths and have the appointment of the administrator of my estates revoked? In short I am well and alive and back in Tanzania!
JL, Arusha
Section 26A (3) of the Births and Deaths Registration Act [Cap.108 R.E 2002] as recently amended bestows on the Registrar General of Births and Deaths power to delete from the register of deaths any entry entered thereto on the presumption of death and he can cancel any death certificate issued on such presumption if the person presumed dead is later found alive.
Registrar General may exercise his powers of deleting the entry and cancelling death certificate irrespective of the Court’s order that declared the death. However, the person applying for deletion of entry of death from the register and cancellation of death certificate has the duty to satisfy the Registrar General that the person presumed dead and registered in the deaths’ register is indeed alive. If you show up, and are able to prove that it is you, then you should be able to succeed.
After deletion of the entry of death from the register and cancellation of death certificate, the person presumed dead can file an application in Court for revocation of the appointment of his administrator of estate.