Presumption under sec 108 of evidence act

ANIL KUMAR KAUSHIK (Querist) 21 August 2015 This query is : Resolved
Sir
During one of the case Father is missing since last 16 years .we published the notice in newspaper and filed a case to declare him died so that sufferer may be benefited . Can a civil court declare died a person one under 108 sec of evidence act.

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V R SHROFF (Expert) 21 August 2015
presumed DEAD, if missing for last 7 years
COURT CAN DECLA

Rajendra K Goyal (Expert) 21 August 2015
Yes court can declare if satisfied.

K.S.Srinivas (Expert) 21 August 2015
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. A suit can be filed in the jurisdictional court.

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