Presumption of death
P.ESAKKIMUTHU
(Querist) 28 November 2013
This query is : Resolved
In the matter of Presumption of death, what is the exact date of death ? whether it is the date on which the person disappeared 7 years ago or the date on which the competent Court declared him to be dead after 7 yrs of disappearance .Please clarify with reference to any decision of court,if any
ajay sethi
(Expert) 28 November 2013
exact date of death is matter of evidence . under section 108 presumption is drawn that he is dead if not heard for period of 7 years .
Rajendra K Goyal
(Expert) 28 November 2013
108 of Indian Evidence Act, 1872, :
BURDEN OF PROVING THAT THE PERSON IS ALIVE WHO HAS NOT BEEN HEARD FOR SEVEN YEARS. Provided that the question is whether a man is alive or dead and is proved that he is not been heard of for seven years, the burden of proving that he is alive is shifted to the person who affirms it.
It is clear:
1. After the lapse of seven years, only death could be presumed by the court.
2. There is no presumption of the time of death under Section 108 of Indian Evidence Act, 1872.
3. Time of death has to be proved by independent evidence
