2 Answers
Dear Client, your concern about surrendering the original death certificate is understandable, but what your advocate has told you reflects standard and normal practice in testamentary proceedings before the Bombay High Court.
The original death certificate of the deceased is one of the documents required while applying for letters of administration. It is advisable to keep a certified copy of the original death certificate at the time of filing in the court. The Bombay High Court's practice direction in testamentary matters requires original documents to be lodged with the court registry as part of the petition. In proceedings before the Bombay High Court for letters of administration, the death certificate will be accepted and lodged with the registry as part of the process. This is entirely routine and does not mean the document is lost forever.
Once the letters of administration are granted, you may apply to the court registry for return of the original documents or for certified copies to be issued from the court record. Courts maintain proper records of all lodged documents and certified copies issued from the High Court registry carry the same evidentiary value as the original for most practical purposes. Banks, housing societies, and government departments accept certified copies of death certificates issued or authenticated by the court.
Before filing, you are advised to make several certified copies of the death certificate from the concerned municipal corporation or registrar of births and deaths. These certified copies can be obtained any time from the issuing authority even after the original has been lodged with the court. Do not be overly concerned about it, this process is standard and your advocate's advice is procedurally correct.
I hope this helps, and if you have any further issues, do not hesitate to contact us.
It’s not standard practice for the Bombay High Court to permanently retain original documents like a death certificate without return. In most probate or letters of administration matters, the court may ask you to produce the original for verification, but what is actually kept on record is usually a certified copy, not the original itself. Surrendering the original without getting it back is uncommon and can create problems for you later, since the death certificate is an important document needed for multiple legal and financial purposes.
You should clarify with your advocate whether the court has specifically directed submission of the original or only verification. If submission is required, ask whether you can instead file a **notarized or certified copy** and show the original for inspection. Alternatively, you can obtain multiple certified copies of the death certificate from the municipal authority before proceeding. If something still seems unclear, it’s reasonable to seek a second opinion or directly confirm the filing requirements with the court registry to avoid unnecessary loss of original documents.