regarding p.o.

Querist : Anonymous (Querist) 16 January 2018 This query is : Resolved
dear sir. smt savita, who has been declear p.o. by court in thd year 2012 . now...there is more than 7 years pass away....and not found by police and their relative ...may she declear dead ...if her family members go to court....she may declear dead or..not tell me . .in this regard.. ..thanking you....
she has been declear already pro..offinder......by distt.court .
if we .may go to court for the same ...may...court decleared her dead ....becauze dues of claims is pending .so...give me a sugeestion in this regard...what we should to do for ......further

claim a deus....

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Querist : Anonymous (Querist) 16 January 2018
its most urgent for me

kavksatyanarayana Online

(Expert) 16 January 2018
As Smt. Savitha missed in the year 2012, the minimum period of 7 years not completed.the Police authorities will give certificate. Only after completion of 7 years, thePolice authorites will give report. Basing on the report, it will depend. Generally after completion of 7 years that person will be declared to be dead. consult an experience advocate who has well knowledged in this type of cases.

Ms.Usha Kapoor (Expert) 17 January 2018
iF HE HAS ESTATE HIS DEBT CLAIMS ETC SHOULD BE SATISFIED FROM HIS ESTATE IF HE HAS LEFT ANY OR FROM THOSE WHO INHERITED HIS ESTATE. BUT PERSONALLY THERE IS NO LIABILITY FOR THE ESTATE INHERIT9ORS.;any Way 7 YEARS TIME IS NOT YET OVER TO DECLARE HIM DEAD.

P. Venu (Expert) 17 January 2018
In my considered opinion it is the competent civil court which can declare 'civil death'. The Police Report could only provide a prima facie evidence. In this context, provisions of Sections 107 and 108 of the Indian Evidence Act are relevant.

107. Burden of proving death of person known to have been alive within thirty years: When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.

108. Burden of proving that person is alive who has not been heard of for seven years: Provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.

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