Civil death
anusha
(Querist) 24 April 2013
This query is : Resolved
Dear experts,
my client's wife was missing 40 years ago. they never lodged any complaint or gave any newspaper advertisement. now the property is in the wife's name and it has to come to the legal heirs. how to file a suit for civil death without any supportive document. or only if an affidavit from relatives and friends is sufficient? only if an affidavit is produced as supporting document is the suit be maintainable? please suggest any other alternative.
J K Agrawal
(Expert) 24 April 2013
Dear Anusha
In fact no formal expression from any court is required to prove a civil death.
You just claim your rights stating that X is died as he is not heard for more than 7 years. Rest is upon the authority who is to decide your rights. It may be a Court or may be a government office.
Section 107 and 108 of the Evidence act are very clear in this regard and these imposes burden of proof upon the person who want to challenge it.
However In practice no government officer or the Courts want to bother to decide this question and they simply says to get a declaration from a Court.
Now you are correct. Only deposition and affidavits of the persons who naturally have heard of him if he had been alive is requirement. You are required to prove so up to last 7 years but you should take a longest possible period.
M V Gupta
(Expert) 24 April 2013
Court declaration WILL BE NECESSARY. Affidavits of the persons filing the suit and the close relatives should suffice to support the suit for declaration.
prabhakar singh
(Expert) 24 April 2013
Dear Anusha!
Mr.JK Agrawal is very much correct in his opinion.
but i mind it that you have repeated it. yesterday you posted it in name of someone else today as an advocate.
Not and never appreciable.
anusha
(Querist) 25 April 2013
Dear Mr. Prabhakar Singh. this is the first time i am posing this query. i do not know who had posted it yesterday. i am a practicing advocate. i dont have any necessity to post it in someone elses name .pls refrain from making such comments unless you know for sure that i had done the same
prabhakar singh
(Expert) 25 April 2013
Then some one relative of the lady who is lost might have posted it.
The query is same and seen twice by me.i am not here to make probs.
However i shall take care of your command to refrain and have reasonable distance from your queries.
