Burden of proving that person is alive who has not been heard of for seven years
AI Assist
Summary
If it is shown that a person has not been heard of for seven years by those who would naturally have heard of them if alive, the burden of proving that the person is alive shifts to whoever asserts they are alive. Once absence of news for seven years is proved, the claimant must produce evidence to prove life.
Example
Ravi's sister applies to inherit his property, but his parents and neighbours say they have not heard from Ravi for seven years. Because those who would naturally have heard of him had no news for seven years, Ravi's sister must prove that he is still alive to succeed.
Bare Act
Enacted textProvided that when 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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