Presumption of death
arjun
(Querist) 12 September 2012
This query is : Resolved
Good morning sir,
My father is missed for 14 years now and when we approached Mandal Revenue Officer for presumed death certificate, he is asking me to tell the government order number (G.O. Number) for this. So I request you to please tell me how a person is declared dead legally when he misses and passes 7 years. Please help me. Thanks..
Yogesh Anand
(Expert) 13 September 2012
Sec. 118 of Indian Evidence Act raises legal presumption of a peron's death if he is not heard of for 7 years.
J K Agrawal
(Expert) 13 September 2012
No such declaretion is required and it is presumption to be taken by government officer but it would make you always in trouble so please file a civil suit and get a declaratory decree.
Dr V. Nageswara Rao
(Expert) 13 September 2012
It is S. 108 of Evidence Act which deals with the burden of proof of death. It does no deal with any presumption by any Court. That section only says that if somebody alleges that a person is dead because he has not been heard of by close reletives etc for seven years, it is for him to prove that.
No, you cannot just proceed on your own. You better file a declaratory suit under Specific Relief Act asking the Court to declare on the basis of your proof that he has not been heard of.That is the correct procedure.
M V Gupta
(Expert) 13 September 2012
I agree. you have to file suit for decalaration. you have to esablish in the court the dae from which your father was missing. The best evidnce will be the FIR lodged with the police and the report of non traceable issued by the police. Obtain certified copies of the FIR and the police report of non traceable for producing in the couert.
