Legal Question in Civil Litigation in India

Re: Civil Death

Hello,

The term 'civil death' is not defined in indian law,but if a person is not seen and / or is not heard of continuosly for a period of 7 years, or more, then he is presumed to be not alive, and in such case his legal heirs may proceed according to their personal law.

Thanking you with regards.

Rajendra Babbar

Advocate

Re: Civil Death

The general presumption under the Indian Evidence Act, 1872 is that if a person has not been heard of for 7 years by those who would naturally have heard of him if he had been alive, he may be presumed to be dead and matters proceeded with accordingly.

However, such a presumption is always rebuttable if the person is later found to be actually alive.

Re: Civil Death

The civil death is a misconception.

Under the provisions of section 108 of the Indian Evidence Act, 1872 if such a question come for adjudication and if it is proved that a person has not be 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.

Re: Civil Death

Dear Gentleman:

There is no term such as civil death, under the law. However, the period is seven years as provided under the Indian Evidence Act. The act allows one to presume death after seven years. In case, still, if one alleges that the person is alive, then the onus is on the party who makes that allegation.

Regards,

Bhushan Arya