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Presumption of death occurs when a person is considered dead without direct proof, and legal implications are outlined in the Indian Evidence Act, which states that a person is presumed alive unless not heard from for 7 years. Presumption of survivorship applies in cases of simultaneous deaths, determining inheritance based on the assumption that the younger survives the elder. Special considerations in such cases include postmortem changes, nature of injuries, and other demographic factors.

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Mutahir Shah
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9 views1 page

Assignment

Presumption of death occurs when a person is considered dead without direct proof, and legal implications are outlined in the Indian Evidence Act, which states that a person is presumed alive unless not heard from for 7 years. Presumption of survivorship applies in cases of simultaneous deaths, determining inheritance based on the assumption that the younger survives the elder. Special considerations in such cases include postmortem changes, nature of injuries, and other demographic factors.

Uploaded by

Mutahir Shah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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1.

Define presumption of death


- Presumption of death occurs when a person is thought dead by an individual despite the
absence of direct proof of the persons death.

2. What is the legal importance of presumption of death.


- Sections 107 and 108 of the Indian Evidence Act lay down that if a person is proved to have
been alive within 30 years, the legal presumption is that he is still alive, unless it is proved that he
has not been heard of for 7 years by those who would normally have heard of him, if he had been
alive, in which case, the law presumes that he is dead. The law, however presumes nothing as to
the time of his death which of material must be proved by evidence.

3. What is the criteria for presuming a person dead?


- Presumption of death may need to be considered in certain circumstances when death has not
been witnessed and the body has not been found, e.g. in insurance claims, inheritance of
property, person serving in armed forces reported to be missing or when someone has gone
abroad and not been heard of for a considerable amount of time and alleged to have died.

4. Define presumption of survivorship. - Presumption of survivorship arises when two or more


persons, natural heir of each other, die almost simultaneously in circumstances, such as
shipwreck, air-crash, earthquake, motor accidents, battle, etc., which render it uncertain which of
them survived the other or others.

5. Write it’s legal importance.


- It determines whose heirs inherit property. Section 21 of Hindu Succession Act, 1956, on
Presumption in Case of Simultaneous Death states that the younger will be presumed to survive
the elder, unless the contrary is proved. The underlying guiding principle in such a presumption is
that the stronger survives the weaker.

6. Which conditions need special consideration while looking into such a case?
- A careful consideration is given to the following factors: (1) postmortem changes, (2) nature of
injuries, (3) age, (4) sex, (5) constitution, and (6) mode of death.

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