Jainantony Antony 06 September 2023

man missing

father of a person got missing in 2003.His wife then tried to flie complaint but due to restrain from police and demand of money she was unable to file complaint. now in connection with property disposal it is required to get a man missing report. what can they do now

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A father has been missing since 2003, but his wife was unable to file a police report due to obstruction and demands for money. Now, with property disposal pending, a missing person report is required. While the law presumes a person dead after 7 years of no contact, the exact time of death requires evidence. The family can file a civil suit in the appropriate court seeking a declaration under Sections 107/108 of the Evidence Act to address this.

2 Replies

Dr. J C Vashista (Advocate ) 07 September 2023

If a person has not been heard of for 7 years, there is a presumption of law that he is dead.

But at what time within that period he died is not a matter of presumption but of evidence and the onus of proving that the death took place at any particular time within the 7 years lies upon the person who claims a right to the establishment of which that fact is essential.