Section 108 of evidence act

Ramu Ramu (Querist) 12 March 2021 This query is : Resolved
I am very thankful to you for your response and hope to get clarification. Suppose A is missing for over 7 years and complaint lodged with local police seven years ago about disappearance of A. Neither police nor other persons who would have in the normal course heard of about the whereabouts of missing A, have no information about the missing A for over 7 years. Some movable and some immovable properties of A are to be claimed by his family members. To secure a probate or succession certificate for claiming the estate of A, his family members have to file a suit. Who will be the parties like petitioners and Respondents in the suit. If family members are petitioners, who will be respondents. Can you kindly clarify please.

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Section 108 of the Indian Evidence Act deals with the presumption of death when a person has not been heard of for seven years. If someone is missing for this period, and no one has heard from them, the law presumes they are dead. This is crucial for family members seeking to claim the missing person's property by filing a suit for probate or a succession certificate. In such suits, the legal heirs typically act as petitioners, with the State or any opposing parties named as respondents.

Advocate Bhartesh goyal (Expert) 13 March 2021
Legal heirs of missing person will be petitioner/plaintiffs in suit and State and any person who is opposing would be non petitioner/defendants.

P. Venu (Expert) 13 March 2021
Another option is to file a suit for partition by one among the legal heirs as plaintiffs and others as defendants.

Dr J C Vashista (Expert) 14 March 2021
Legal representatives of A can file a suit for declaration.

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