Social Death and Succession

Jainodin shaikh (Querist) 22 January 2009 This query is : Resolved
In a Civil Misc. Application filed for granting Succession Certificate; the applicant also prayed for Declaration u/s 108 of The Evidence Act(regarding Social Death).
Now the court wants to know from the applicant that whether Court can grant both the prayers at ones in one application?
Is there any Case Law?

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Sushil Kumar Bhatia (Expert) 22 January 2009
U/s 107 Evidence Act ,Person not having been heard for seven years presume to be dead,in sucession proceeding you should file enough evidence to prove your version and file an affidavit about this (useful citation is Allahabad Law Reporter 2005(61)(Supreme Court page 808.
Mob.09219799100

RAKHI BUDHIRAJA ADVOCATE (Expert) 17 February 2009
I do agree with Mr.Sushil Kumar Bhatia.

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