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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


Learning

 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.

P. Venu (Advocate)     07 September 2023

You can file a civil suit in the jurisdictional court seeking a declaraion in terms of Section 107/108 of the Evidence Act.


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