Section110
Burden of proving death of person known to have been alive within thirty years
AI Assist
Summary
When it is disputed whether a person is alive or dead, and evidence shows he was alive within thirty years, the person who asserts he is dead must prove that fact. If that person fails to prove death, the court will not accept the claim of death.
Example
Ravi's sister claims he died recently, but a bank record shows Ravi withdrew money twelve years ago. That proves Ravi was alive within thirty years, so his sister, who asserts his death, must prove he is dead before the court will accept the claim.
Bare Act
Enacted textWhen 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.
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