Hindu Succession Act
Surender Dhull
(Querist) 08 April 2010
This query is : Resolved
There were three brothers namely A,B and C. Parents already been died.
C absconded from the house and none know the whereabouts of him for last 27 years. A expired three years ago. At this stage B filed a suit for declaration of Civil Death of C due non traceable for the last 27 years and claimed to get the entire property of C being the living brother of C.
The legal heirs of A (deceased)on behalf of A also want to get the equal right of A.
In the plaint it is admitted by the B that the none knows the whereabouts of C for the last 27 years. The verson of Legal Heirs A are that the CIvil death caused after the completion of 7 years and on that time their father was alive; hence at the time of Civil death of C, there are two brothers were alive, therefore the living brothers are entitled to get the share of C at the time of Civil Death of C.
My question :
1.Whether the heirs of A are entitle to get the property of C on beg=half of their father?
2. On what date Civil death occured of C?
Devajyoti Barman
(Expert) 02 November 2010
The death occurs from the date of decree f not any earlier date is sought for in the pleading.Yes, they are entitled.
R.Ramachandran
(Expert) 02 November 2010
Yes, the legal heirs of A are entitled to equal share (from out of the share of "A").
Pritam Saini, Advocate
(Expert) 26 December 2010
i disagree with experts becuse there is presuption of civil death when a person was not heard last7 year as per section 108 of the evidence act but there is no presumption of date of death,its a matter of evidence and burdon upon whome claim specific date or period of death. IN case there is no evidence of date of death then date of death will be date when date of filling suit or proceeding in this regard filled
