Burden of proving death of person known to have been alive within thirty years
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Summary
If it is shown that a person was alive within the last thirty years, anyone who asserts that the person is now dead must prove that fact. The burden of proof rests on the person making the claim. Failing proof, the person will be treated as alive for legal purposes.
Example
Priya claims her uncle Rohan is dead so she can inherit his house, but a hospital record shows Rohan visited fifteen years ago, proving he was alive within thirty years. Priya must prove Rohan is dead. If she cannot, the court will treat him as alive.
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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