Law does not require that the fact that a person is dead must be proved only by documentary evidence
We, thus, find that the learned Chief Judge, City Civil Court refused to exercise jurisdiction vested in him by law by holding that in the absence of Death Certificate or other certificates it was not possible for him to grant the relief claimed. The law does not require that the fact that a person is dead must be proved only by documentary evidence. In a civil litigation finding on all disputed question of facts including the time of death can be arrived at from the evidence on record by applying the principle of preponderance of probability. Similarly, in the proceedings under the Act, the Court will on the basis of evidence adduced by the parties come to the conclusion whether the person concerned was really dead and whether such person had a fixed place of residence within the territorial jurisdiction of the Court at the time of his death and whether all the persons, who could be his natural heirs in case of intestate succession, have been served or not. The Court can, in a doubtful case, as a matter of precaution, direct publication of the notice of the proceedings in newspapers so that if there is remote possibility of any person of getting the right of inheritance, he can come and oppose the grant.
Calcutta High Court
Sudarshan Shaw vs Subhas Shaw on 6 July, 2005
Equivalent citations: 2005 (3) CHN 456
Bench: B Bhattacharya, J Banerjee
https://www.lawweb.in/2013/06/law-does-not-require-that-fact-that.html
