IEA Section 107 — Burden of proving death of person known to have been alive within thirty years

Summary

If a question comes up about whether someone is alive or dead, and it is proved that the person was alive within the last thirty years, then the person who claims that the person is dead has the legal responsibility to prove that death.

Official Text

When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.

Related Judgments

• N. JAYALAKSHMI AMMAL AND ORS. vs R. GOPALA PATHAR AND ANR — Supreme Court of India (1994)
• L.I.C. OF INDIA vs ANURADHA — Supreme Court of India (2004)
• GURDIT SINGH AND ORS. ETC. vs MUNSHA SINGH AND ORS. ETC — Supreme Court of India (1976)

Old <-> New Code Mapping

• BSA §110 — Burden of proving death of person known to have been alive within thirty years