Formalities to be completed following the death of an Indian National in Saudi Arabia
The death of Indian nationals at Saudi Arabia due to natural / unnatural reasons like traffic accident, work related accident, suicide, murder, etc, is to be intimated to (i) the nearest Police authorities, (ii) next of kin in India, and (iii) the nearest Indian Mission. The mortal remains can either be buried in Saudi Arabia (in case the deceased is a Muslim) or transported to India.
The next of kin has to send a letter stating that he/she has no objection for the burial or transportation of mortal remains and authorizing either the sponsor, close relative/ friend or any other person known to them, to take charge of the body for local burial or transportation to India.
The hospital will provide Medical Report or Death Intimation Report. Based on this Police Department will issue Police Report.
The details of personal items of the deceased are to be listed in front of some witness and handed over to the authorized representative.
The authorized representative has to contact the CW Wing of the Embassy with copies of death documents and obtain No Objection Certificate (NOC) for local burial or transportation to India.
On receipt of No Objection Certificate, the mortuary authorities will release the dead body for local burial. They will also issue Burial Permission Certificate for cemeteries for burial.
In case of transportation to India, the mortal remains are to be embalmed at mortuary. Saudi authorities have fixed fees (SR.3000/-) for embalming and it is to be deposited with the hospital. Fees for coffin is also to be paid at the mortuary (approx. SR.1100/-).
Hospital authorities to be contacted for embalming of mortal remains only after obtaining clearance from Police authorities/ Governorate concerned.
Iqama of the deceased is to be submitted with Jawazat (Saudi Passport Deptt.) for cancellation and Exit visa stamp should be obtained in the passport of the deceased.
All documents (both in English & Arabic) are to be given to cargo agents for booking the mortal remains.
An affidavit is also to be submitted by the legal heirs to the nearest Airlines office at nearest International/ Domestic airport stating that mortal remains would be accepted by them without any delay from the cargo terminal, on arrival from abroad. The same is to be faxed to the sponsor, cargo agents and to the Embassy. The cargo agency may not accept cargo without this affidavit.
Local Burial - Requirement of Documents
- Medical Report or Death Report from hospital with English translation.
- Copy of Power of Attorney from the next of kin of the deceased with Arabic translation (Duly signed and attested by Notary Public).
- Police Report copy with English translation (for unnatural death only - accident, murder, suicide, etc.).
- Copy of passport and Iqama of the deceased.
- Copy of Identity card – attorney (copy of passport and Iqama)
- Letter from sponsor to the Embassy regarding legal dues of deceased
- (Time Required : Documents for attestation may be submitted to the CW Wing of the Embassy between 0900 hrs and 1200 hrs on any working day and are generally returned between 1500 hrs and 1600 hrs the same day)
Transportation of Dead Body - Requirement of Documents
- Medical Report or Death Report from hospital with English translation.
- Copy of Power of Attorney from the next of kin of the deceased with Arabic translation (Duly signed and attested by Notary Public).
- Police Report copy with English translation (for unnatural death only - accident, murder, suicide, etc.).
- Copy of passport and Iqama of the deceased.
- Copy of Identity card – attorney (copy of passport and Iqama)
- Letter from sponsor to the Embassy regarding legal dues of deceased.
- Death Certificate copy with English Translation
- (Time Required : Documents for attestation may be submitted to the CW Wing of the Embassy between 0900 hrs and 1200 hrs on any working day and are generally returned between 1500 hrs and 1600 hrs the same day)
Claims for Legal Dues
As soon as the death of an Indian national is notified to the Embassy in Riyadh/Consulate General in Jeddah, the Saudi sponsor is asked to settle the outstanding legal dues. Although in many cases the legal dues are settled before the dead body is buried or sent to India, in many cases, it involves delay on the part of the sponsor. In such cases, the Embassy/Consulate is authorized to receive the dues on behalf of the legal heirs of the deceased. As soon as the dues are received, the amount is remitted by the Embassy in Riyadh or the Consulate General of India in Jeddah, to the district authorities for disbursement to the legal heirs of the deceased.
Claims for Death Compensation
According to the Laws of Saudi Arabia, the family of the deceased may claim death compensation from the causer, if the death is due to work accident, traffic accident or murder.
If any worker dies while working due to the fault of any machinery, equipment, etc., then the sponsor of the deceased will pay work accident compensation claim. The claim has to be submitted directly to the sponsor.
If any worker dies due to a traffic accident or is murdered, the actual causer of the incident/murderer has to pay death compensation. Police authorities after investigation will fix the percentage of responsibility and the compensation amount may differ accordingly. The death compensation claims are to be submitted to Shariah Court and the Shariah Court Judge will decide the amount. Those who wish to submit claim with Shariah Court should nominate any person known to them as their Attorney. The Ambassador of India/Embassy of India may also be given Power of Attorney to represent their case.
After hearing all sides, Shariah Court will deliver its verdict. On submission of verdict copy, Saudi Treasury (Baitul Mal) will release compensation amount. Normally most of the cases are being settled by Shariah court within a period of one year. However, in some cases it takes a few years due to some technicalities/ legal hurdles in the proceedings.
All compensation claimants should invariably submit (i) Legal Heirship Certificate (LHC) and (ii) Power of Attorney (POA) to the Shariah Court. Legal Heirship Certificate is being issued by Civil authorities (Revenue/ Tehsil / Mandal) in India and Power of Attorney is to be executed by all the legal heirs of the deceased with Judicial authorities (Notary Public) in India. LHC & POA are then required to be translated into Arabic.
English and Arabaic versions of both the LHC and POA are to be attested further by (a) Home / General Admin. Department of respective State Governments, (b) Consular Section, Ministry of External Affairs, New Delhi and (c) the Royal Saudi Embassy / Consulate in India. They are to be further attested with Saudi Ministry of Foreign Affairs and Ministry of Justice at KSA and submitted to the concerned Shariah Court for settlement of death compensation claim.
Courtesy: Indian Embassy, Riyad
