Guidance

Bereavement information pack: India

Updated 3 January 2023

Introduction

When a relative or friend dies abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do or who to contact.

This country specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth & Development Office, which applies to all countries.

As each country has its own laws and customs when a death occurs, it may not be possible to make the arrangements that you prefer, or at the time you would like.

How to contact the Foreign, Commonwealth & Development Office

There is a lot of information below, but you may have questions. You can speak to someone by phone 24/7, any day of the year by contacting the Foreign, Commonwealth & Development Office in London on 0207 008 5000.

If you are not in the UK, you can find the contact details of the nearest British embassy, high commission or consulate.

The priority of the Foreign, Commonwealth & Development Office is to provide assistance to British nationals overseas who need help. The level and type of assistance they can offer is tailored to the individual circumstances of each case.

Next of kin

The next of kin of the person who died will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf.

If you are not the next of kin, they will need to be informed. If required, the Foreign, Commonwealth & Development Office can help you do this.

There is no legal definition of next of kin in the UK. If there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications.

While it is not necessary for next of kin or family to be in the country to make funeral arrangements, it is important they are involved in making decisions.

Authorities in India also do not follow any legal definition for next of kin, but will generally consider the spouse or adult children as next of kin. Indian law does not recognise same sex partners or spouses and may request the involvement of other family members in these cases. Similarly, local police may not recognise an unmarried partner.

If the deceased has no family in India, we will do what we can to trace and inform next of kin as soon as possible. We will seek to do this in person via the UK police where possible.

There may however be times when next of kin may hear of the death before we are able to inform them. For example, from the hospital where the person passed away, from a friend of someone known to them, or via social media.

Release of information to next of kin

In most cases, our offices will be notified when a British national dies in India. We may be informed directly by the local police, a hospital, friends in India, or via the Ministry of External Affairs in which case it may be a few days before we become aware.

The Foreign, Commonwealth & Development Office will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may be only available to next of kin. Consular officers may be able to obtain this themselves, or they may put you in touch directly with the authorities overseas. They may also be able to provide you with details of others who can advocate on your behalf such as lawyers, charities, or other organisations.

If the next of kin is in India, local authorities will readily release information and keep them informed of developments, except where there are suspicious circumstances around the death.

Where next of kin is in the UK or elsewhere, some local authorities – like some hospitals - may keep them informed of developments. While the police may not have the facilities to make international calls, some police officers may do so via internet such as through WhatsApp. You may also contact them directly for information. They will normally have no objection to releasing information to next of kin. If you have trouble contacting them or getting information, we may be able to help.

Insurance

It is very important to check if the person who died had travel insurance. If they did, contact the insurance company as soon as possible to check if they can help you make arrangements and cover all or some of the costs.

If the person who died did not have insurance; the next of kin will usually have to appoint a funeral director and will be responsible for all costs. The Foreign, Commonwealth & Development Office cannot help with these costs.

Appointing a funeral director

It is advisable to appoint a funeral director as soon as possible. The Foreign, Commonwealth & Development Office produces a list of international funeral directors based in the UK - https://www.gov.uk/government/publications/international-funeral-directors-in-the-uk.

You will need to discuss the family’s wishes with the funeral director and decide whether to:

• repatriate the deceased to the UK
• have a local cremation and repatriate the ashes to the UK or have them scattered in India
• have a burial in India (check with the funeral director for advice on whether this is possible)

If the deceased had travel insurance, the insurance company will appoint the funeral director. If you have a preferred choice of funeral director, you should let them know of your wishes.

An international funeral director can also organise a burial or cremation in India. You may directly contact a funeral director based in India, some of whom can also organise a repatriation if that is your wish.

You will need to inform us of your wishes so we can confirm them to the local authorities in the form of a letter.

It is important to note that most mortuaries in India have space constraints and as a result, push for a speedy decision on a funeral. While there is no prescribed deadline by which a funeral must be held, it is advisable to appoint a funeral director as quickly as possible to make arrangements.

See list of funeral directors.

In cases where we are unable to locate next of kin for the person who has died, local authorities will organise a cremation or a burial in accordance with local procedure. There is no specified time frame within which this may happen. Ashes or remains are unlikely to be preserved under these circumstances.

Note that where a local cremation or burial takes place, there will be no inquest carried out in the UK.

Registering the death and obtaining a death certificate

Who can register a death

All deaths must be registered with the local authorities in India. In order to do this, a medical report stating the cause of death must first be obtained:

• where the person has died in hospital, and the hospital certifies the cause of death: they will register the death with local authorities

• if the person has died outside of the hospital (for example, at home), a doctor will be called in to confirm the death. The doctor will then issue a ‘cause of death’ certificate. In cases like this, the death is usually registered by family, friends, neighbours, or hotel management

• if there is police involvement (for example, in a death due to an accident), the police will be responsible for registration

Funeral directors do not normally undertake registration. If you need help with registering the death, check whether the funeral director will do this on your behalf. There may be an additional charge for this service. The Foreign, Commonwealth and Development Office cannot register a death with local authorities on your behalf.

Information to be provided while registering a death

The municipal/government death certificate will state the name, date and place of death, address of the deceased, and names of their parents (if that information was available while registering the death). It does not normally mention the cause of death. Ensure the information provided at registration is correct as it is difficult to make changes later.

A death must be registered at the office of the local registrar within 30 days. It is possible to register after this period, but that procedure will require a number of additional documents and will take time.

Registration facilities are not available online and applications must be made at the local office. You will have to check on office opening hours as they will vary across the country.

The death certificate is normally issued within 10 to 15 working days of registration but can take longer in some places. A record of the registration will be available on the state government’s website but you will need to collect the physical certificate directly from the office.

Most funeral directors will collect the death certificate on your behalf. You should confirm this directly with your funeral director and request they do so where this is not part of their regular service.

You should also check that all details are correct on the certificate. If corrections are necessary, you or someone on your behalf will have to apply to the local registrar for the changes. Some funeral directors may provide this service.

You do not need to register the death with the UK authorities. The local death certificate can be used in the UK for most purposes, including probate. If it is not in English, you will need to get it officially translated.

Consular death registration

You do not have to register the death of a British national that occurs overseas with the UK authorities. You can apply for a consular death registration, however this is not mandatory. If you wish to do this, there is information on how to register a death in the UK.

Post mortem examinations (autopsies)

Post mortem (PM) examinations are not conducted in all deaths. They are generally conducted where the death is not by obvious natural causes or where a doctor has not certified the cause of death. Where one is required, the police will organise it and you will not be charged for it.

The post mortem examination will be conducted by a police forensic surgeon. You do not have the option of appointing a private surgeon.

In Goa and in parts of North and South India, forensic surgeons will insist that next of kin is informed before the post mortem examination takes place. However, this is not the case in all parts of the country.

The police are likely to request you, a representative or any other person known to the deceased to identify the body before a post mortem examination. They will make the arrangements for this, and will let you know if you will be needed.

Sometimes, the organs or parts of the organs along with samples of tissue and blood may be retained for further testing. Consent of next of kin will not be sought.

The post mortem examination report usually states cause of death. If this is not straightforward, the forensic surgeon will retain blood, tissue or organ samples for further testing. This will be noted in the post mortem report. In these cases the report will state that the cause of death will be determined after the test results are received.

The post mortem report is generally made available to the police soon after it is conducted. This could be on the same day or within a couple of days. In many states including Goa, the report is in English. However, in some parts of India, the report may be in the local language. If you need a translation, you will need to obtain and pay for one. You can obtain the post mortem report directly from the police or via your appointed funeral director if it is part of their service.

The police will release the body of the deceased to you, your representative or your funeral director immediately after the post mortem is conducted. They will do this even where the final opinion on the cause of death is pending the results of further tests.

You should be aware that reports from further forensic tests can take between six months and a few years to come through. Where possible, our office can check periodically with police for the reports, if this is something either you or a UK Coroner requires.

Retained organs or samples are not returned on completion of tests. Any samples collected will be disposed according to the laboratory’s procedures.

Mortuary facilities

There are mortuaries in most government-run hospitals. A few private hospitals in large cities like Mumbai, New Delhi, Chennai and Kolkata also have mortuaries. However, standards vary and in most cases are below what you would expect to find in the UK.

Many rural areas do not have mortuaries or refrigeration facilities, in which case it is important to appoint a funeral director or have a representative take charge right away.

Some funeral directors provide mortuary facilities for a fee. You should check this with your funeral director if the deceased is in an area where refrigeration conditions are unfavourable and there is likely to be a delay in decisions around the funeral.

Consular staff or your funeral director can help with arrangements if you want to view the deceased. Most mortuaries have a shortage of space and do not have separate viewing rooms. You should expect the facilities to be at a different level as compared to those available in UK mortuaries.

The Foreign, Commonwealth and Development Office can issue a letter confirming the appointment of a funeral director by yourself or the insurance company. However, consular staff cannot make arrangements with the funeral director on your behalf.

Burial, cremation, repatriation

The next of kin of the deceased will usually need to decide between a local burial, cremation or bringing the deceased home, which is known as repatriation. Your funeral director will be able to explain the options available, the costs, and help you make arrangements.

It is important to remember that if the deceased was travelling with a tour operator, they can be a valuable source of assistance and advice.

Where a post mortem examination is needed, the body will be ready for release soon after.

Repatriation

Many funeral directors in India are equipped to carry out repatriations and will provide special caskets required for the international carriage of human remains. A number of documents and permissions are needed to arrange the repatriation. The funeral director should make arrangements to get these from local authorities.

A body must be embalmed before repatriation. The hospital or mortuary should be able to do this. Some funeral directors can also help with arranging for embalming. Embalming costs will normally be met by insurance where involved, but will otherwise fall to family.

Local formalities for repatriation generally take between 5 to 7 working days to complete. The Foreign, Commonwealth and Development Office can issue a letter confirming the appointment of a funeral director by yourself or the insurance company.

In very rare circumstances, a doctor or a funeral director may advise that repatriation is not possible. Consular staff will try and inform you as soon as possible if we are made aware of this.

Local burial

A local burial may be possible in some parts of India. You can check this with your funeral director.

Local cremation

Cremations are easily available in most places. They are normally performed on a wooden pyre although bigger cities have electric crematoriums. You can choose to carry the ashes back to the UK yourself, have them scattered in India, or have them returned to you in the UK. You should speak to your funeral director who will be able to organise the option you choose. Be aware that ashes cannot be returned by courier or regular post, and must travel via airfreight.

An inquest in the UK is not possible if a local burial or cremation takes place. For more information on inquests, see the information on UK coroners and inquests.

Insurance companies may ask for a certified cause of death before committing to pay. If it is not be possible to get this in a reasonable time frame, you may consider making alternative arrangements to pay and reclaim the cost from the company at a later date.

If the deceased did not have insurance, next of kin will need to appoint an international funeral director in the UK or directly in India. All costs around a funeral and/or repatriation must be borne by the family. The Foreign, Commonwealth and Development Office cannot cover these costs on your behalf.

See list of local funeral directors.

If you wish to donate the body to medical research you will need to check with the local authorities in the area. It may not be possible to do this in many parts of India.

Return of personal belongings

Personal belongings may be handed over to the family if they were together with the person at the time of death. If the deceased was on their own, the police will take charge of the belongings and will hand them over to the next of kin or a representative.

If the person who died had insurance, check with the insurance company if they will cover the cost of returning their personal belongings.

If the police are involved, the deceased’s accommodation will be sealed, especially if it is where the death occurred. This means that all personal belongings in the room are then under police care. Police will normally conduct an inventory before they release them to next of kin or to the person acting on their behalf. The inventory proceedings are usually overseen by a senior police officer.

As long as no further investigations are required, the police will pass on the inventory report directly to next of kin, via a representative or the appointed funeral director.

Consular staff do not attend inventory proceedings. If next of kin have appointed a representative, they should be able to attend as well as collect the personal belongings soon after it is done. Speak with your funeral director about any belongings you would like returned to you in the UK and for an idea of costs. It is also possible to have a friend in India carry belongings back to the UK for you. There are normally no deadlines by which belongings should be claimed but most police will push for it to be done immediately. They do not normally destroy unclaimed belongings but may do so where they lack storage facilities.

If the death is being investigated as a crime, some belongings may be retained by police as evidence. Let your funeral director know if there will be belongings you would like returned to you at a later date.

The Foreign, Commonwealth and Development Office cannot take responsibility for personal belongings nor pay for and arrange for their return to next of kin.

Steps to take in the UK

You can find more information online on the steps to take in the UK. This includes information on arranging the funeral, telling the government about the death, UK pensions and benefits, and dealing with the estate of the person who died. There is a step-by-step guide available on what to do when someone dies.

British passport cancellation

In order to avoid identity fraud, the passport of the person who died should be cancelled with His Majesty’s Passport Office (HMPO). To do this, you will need to complete a ‘D1 form’.

The form and instructions on what to do with the passport is available online -

https://www.gov.uk/government/publications/what-to-do-with-a-passport-when-the-passport-holder-has-died

If you plan to repatriate the person who died to the UK, you will need their passport to do this. Consular staff will cancel the passport before repatriation and will return it to you or the funeral director arranging the repatriation.

Child deaths

The procedures following the death of a child are the same as those of an adult, except for the possible involvement of the Child Welfare Committee (social services).

Like in the death of an adult, the death of a child must have a medical cause certified by a doctor. Where a doctor is unable to certify the cause of death, police will be involved in investigating the cause and circumstances around the death. Police will normally release the body for a funeral soon after initial investigation or a post mortem examination.

No special permissions will be required for repatriation, burial or cremation unless there are unusual or suspicious circumstances. There will be documents required for repatriation which the funeral director should assist with. Local formalities for repatriation can take between 5 to 7 working days to complete.

The Foreign, Commonwealth and Development Office can issue a letter confirming the appointment of a funeral director by the parents or the insurance company. If the family is normally resident in the UK, the parents will need to provide information on their UK address and contact details, in addition to the child’s details.

Deaths in road traffic accidents

Road traffic accidents and deaths resulting from them will be investigated by the police. If rash or negligent driving is suspected, police are likely to make arrests.

A post mortem examination will normally be ordered by the police as the death is not from natural causes.

The procedures for release of the body for repatriation, local burial or cremation will be the same as for deaths due to other causes.

Deaths investigated as murder or manslaughter

Murder and manslaughter

If the local police have confirmed that they are investigating the death as a murder or manslaughter, a dedicated team within the Foreign, Commonwealth & Development Office will provide support, including by referring you to specialised organisations. You can find out more on how the FCDO can help with murder and manslaughter abroad.

Where murder or manslaughter is suspected, the local police will investigate. They are likely to arrest suspects, and will submit charges against them in court within 90 days of the arrest. Once the case reaches the courts, a Public Prosecutor will be appointed who will represent the State against the accused.

The family of the victim does not need to appoint their own lawyer, although they may do so if they want independent legal advice. They may also do so if they want to request that their lawyer assists the Prosecution.

After the initial filing of charges, it can take several months before the trial begins. In addition, in many parts of the county, it is not unusual for murder trials to take several years to conclude. Delays are largely owing to the volume of cases in courts.

Police forces across the country may work very differently from one another. Where police are unable to update you, we will do our best to seek information from them for you as far as possible. We can also guide you on seeking timely updates on court proceedings.

You should note that if the deceased is repatriated to parts of the UK a coroner or procurator fiscal may decide to hold an inquest. See the section on UK Coroners and inquests below.

Unnatural deaths

Police must investigate a death which may have been caused by unnatural means – (such as from an accident or by suicide) and not just where a murder may have been committed.

Where a death seems to have occurred from unnatural causes, the police are bound to inform the nearest magistrate. They must forward all reports of their findings to the magistrate who will examine them before passing orders on the cause of death. Police reports would usually include witness statements around the scene of the death, the description of the body, and other medical reports such as that of the post mortem and other toxicology tests.

It can often be a few years before police have all relevant reports (especially toxicology/chemical analysis reports). It can therefore take 3 to 4 years before the magistrate passes final orders on the cause of death. This process will not however, hold back the release of the body which will be done immediately following the initial post mortem examination.

If the family or the UK Coroner would like the toxicology/chemical reports, the Foreign, Commonwealth and Development Office can follow up with the authorities in India.

UK coroners and inquests

If you repatriate the person who died to England and Wales, there may be an inquest. The decision on when to hold an inquest is made by His Majesty’s Coroner. Note, an inquest will usually only happen in certain situations, for example, when someone has died in suspicious, unnatural, and violent circumstances or whilst in detention. If the person who died is cremated and only their ashes are brought home, there will not be an inquest.

If you repatriate the person who died to Scotland, the Procurator Fiscal may decide to call for a Fatal Accidents or Injuries Inquiry.

If you repatriate the person who died to Northern Ireland, there will be no coronial inquest or further inquiry.

Procurators Fiscal and Coroners do not have jurisdiction in another country, nor do they seek to apportion blame to a named individual.

You can find more information on Coroners and the Procurator Fiscal in the FCDO guide on death abroad.

Legal Aid

If you need legal advice on any matters around the death, police investigations or court proceedings, it is advisable to seek advice from a lawyer.

State provided legal aid is available to those who meet the eligibility criteria. You would have to make an application in court for it and it is normally provided to those whose income is below a certain threshold. Information on the scheme is available on the National Legal Services Authority website.

Compensation

Some states provide compensation dependent on the cause of death. In some cases, following a trial the court may order those responsible for the death to monetarily compensate the aggrieved family.

You can find information on UK compensation for victims of terrorism overseas.

A lawyer would be able to advise if this is likely to be available.

Additional support

Translation and interpretation

While English is widely spoken, regional languages are often used in many parts of India. Most official documents like death certificates and medical reports will be issued in English. However, where they are not available in English you will need to arrange and pay for translations. There is a list of translators and interpreters you may find useful.

Local support organisations

We are not aware of specific local organisations or charities that offer support to bereaved families. If you have a funeral director, they may be able to advise if support is available locally.

Support organisations in the UK

In the UK, there are many organisations that can help bereaved families. Some of these are listed in the coping with death abroad guide.