civil death declaration

vijays (Querist) 21 January 2011 This query is : Resolved
what is prayer for civil death declaration?
wht is much requirements to prove the case?

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Shyam Ji Srivastava (Expert) 22 January 2011
AS THE PERSON IS NOT TRACEABLE FROM LAST SEVEN YEARS HENCE HE DECLARED AS "DEAD"

MUST PROVE:
1-THE PERSON IS NOT TRACEABLE FROM LAST SEVEN YEARS.
2-NO BODOY HAVE SEEN / HEARD ANYTHING ABOUT THE PERSON
3-FIR
4-NOTICE IN ATLEAST TWO LEADING NEWS PAPERS

Advocate. Arunagiri (Expert) 22 January 2011
See the Indian Evidence Act.
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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