Presumption as to death
Tushar Kochale
(Querist) 26 April 2012
This query is : Resolved
what is the procedure to prove the death of the person in the Magistrate Court. I want to know the whole procedure. It is required in the insurance matter. Please help.
ajay sethi
(Expert) 26 April 2012
what are facts of your case / unless you give facts we cant advise . how did person die?
Deepak Nair
(Expert) 26 April 2012
Details are missing. Please put more details.
Deepak Nair
(Expert) 26 April 2012
Either you have to produce the death certificate or you should prove that the person is missing for more than 7 years.
PARTHA P BORBORA
(Expert) 26 April 2012
yes, If there is a death certificate produce it before the court. If it is criminal case the ask the court to direct the police to submit a report to ascertain the death.
PARTHA P BORBORA
(Expert) 26 April 2012
yes, If there is a death certificate produce it before the court. If it is criminal case the ask the court to direct the police to submit a report to ascertain the death.
Shonee Kapoor
(Expert) 27 April 2012
If the person is missing for over 7 years, he can be presumed death.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 27 April 2012
The factum of death of a dead person is to be proved by death certificate.If not registered then by oral evidence of those who personally know about the death and attended his cremation ,with reasonable explanation why death was not registered.
If the person is missing and is unknown for last 7 years and has neither been seen nor heard of by those who could have heard or seen him ,had he been alive.
(please see section 108 of Evidence Act,reproduced below)"108. Burden of proving that person is alive who has not been heard of for seven years. -
1Provided 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 2shifted to the person who affirms it.
"
