Burden of proving that person is alive who has not been heard of for seven years
AI Assist
Summary
When it is proved that a person has not been heard of for seven years by those who would naturally have heard of him if he were alive, the burden of proving that he is alive shifts to the person who asserts he is alive. The claimant must produce evidence to overcome the presumption of death.
Example
Ravi’s uncle left home and neither family nor business contacts have heard from him for over seven years. If a cousin files papers claiming he is still alive, that cousin must prove he is alive rather than making others prove he is dead.
Bare Act
Enacted textWhen the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.
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