Challenge "civil death" court declaration
senthil
(Querist) 19 February 2014
This query is : Resolved
woman was not found for more than 7 years (1986 - 2003)
Based on her sister, husband's statements and news paper publication she was declared as a civil death in 2003 (no FIR filed in police station)
Now in 2013 for property rights her husband says she was living with him upto 2013 and got natural death.
but it's a fake. she was not lived with him after 1986..
as a proof he shows
her name in his ration card
a death certificate from corporation
and his neighbor's as evidence
and denies the statement which he was made in court at 2003
My questions are
1. between court declaration and death certificate which one will taken as true?
2. whether above evidences are enough to set void the civil death declaration?
3. how to prove he is lying
Advocate M.Bhadra
(Expert) 19 February 2014
Section 108 in The Indian Evidence Act, 1872
Burden of proving that person is alive who has not been heard of for seven years.- 1[ 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 2[ shifted to] the person who affirms it.
The Indian legal system also recognises the concept of ‘civil death’, which can apply to a person who is alive and kicking.
As per Hindu laws and custom, a hale and hearty person who performs his own last rites during his life after renouncing the world, taking ‘sanyas’, is legally ‘deemed to be dead’, explained a supreme court vacation bench in the year 2009 during the hearing of a case of Raiben Dayabhai Patel, director of Visnagar Nagrik Sahakari Bank Limited in Mehsana district.
senthil
(Querist) 20 February 2014
Thanks Bhadra sir,
But whether
her name in his ration card and
a death certificate from corporation and
and his neighbor's as evidence
is enough to nullify civil death declaration?
T. Kalaiselvan, Advocate
(Expert) 20 February 2014
Death certificate issued by the competent authority is a valid proof,therefore the earlier declaration can be nullified on this ground.
