whether person is dead or alive

Querist : Anonymous (Querist) 29 June 2011 This query is : Resolved
Legal position..... whether person is dead or live....

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

Section 108 of the Evidence Act.

- 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.
Note- Man declared dead after seven years as per evidence Act.

Now my query is What happened after 8 years – no news, not heard and he one fine morning traced and found alive.

Is he dead or alive.

If he is alive then what will be the status during not seen or heard and thus declared dead by Court.

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Ravikant Soni (Expert) 29 June 2011
This is a law of presumption. and a part of procedural law. It is not a substantial law. So nothing fatal happen with that person. None of his rights would deprived from him.

Guest (Expert) 30 June 2011
the section 108 of evidence is only a rule of presumption of death. It is only declared by the civil court only. So it is a CIVIL DEATH

abhishek (Expert) 30 June 2011
yes i also agree with the experts, the presumption only there in absence of any person before an proceedings in civil court otherwise absence not amounts to death of any person

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