Date of death for vanished person

The declaration of civil death will be pronounced by court of law.

it depends on what date you are mentioning in the plaint from which he is reported to have been missing.

The court will pass the judgment accordingly as per the plaint what you have filed before the court

Yes, obtain a declaration from the competent Civil Court.

You have given complaint to any concerned authority or not if you have not given any complaint how you prove it.

Hi,

Section 108 of Indian Evidence Act, 1872 provides that when the question is whether a man is dead or alive, 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.

A person who has been missing and has not been heard of by persons who would have usually heard of him for seven years is presumed to be dead for legal purposes. One has to take all the necessary steps to find the person in order to prove that the person has actually been missing, such measures include filing a missing person complaint at the police station, contacting relatives and friends, issuing advertisements, etc.

To answer your question, I would like to refer following case laws:

1.       LIC of India v. Anuradha

In this case the apex court provided that, Evidence Act, 1872 could not allow the presumption that the person missing for 7 years was dead on the day of disappearance. The time of death of the person is a matter of factual evidence. The burden of proof that death has taken place at any point of time during the period of seven years lies upon the person who claims it.

2.       Union of India v. Polimetla Mary Sarojini

It was held that it would be dangerous to presume that the date of death of a missing person is the date on which he went missing. Danger would be for the legal heirs’ claims. Therefore, the court suggested that such a person could be presumed to be dead after completion of seven years of time period.

Answer to your question would be that The Evidence Act, 1872 does not provide clarity regarding the date of death of a missing person and it totally depends upon the decision of the court.

Hope this helps.

Regards,

Parth Chawla