Suit for Declaration of Civil Death Maintainable If the Person is not Seen for 7 Years

Declaration of civil death maintainable with no other relief

A suit for mere declaration of civil death is maintainable and is not barred by Section 34 of the Specific Relief Act, 1963 merely because the plaintiff did not claim further relief, says the Allahabad High Court in Raeesa Bano v Smt. Tabassum Jahan & Others.

Declaration for plaintiff’s benefit permissible

There is no bar under Section 34 of the 1963 Act for filing a suit for the declaration of a civil death of another person, if the plaintiff is a legal heir of such a person and such legal character of civil death is for his benefit, the court added.

Declaration of civil death has consequential effect

The court added that declaring a person’s civil death is a substantial relief which has an immediate consequential effect. On the declaration of the death of a person, benefits are accrued on the legal heirs of the person declared as dead.

Opposing party to prove contrary

The Section 108 of the Indian Evidence Act, 1872, proposes presumption of death when a person has not been heard of for seven years by those who would naturally have heard of them if they were alive.

The presumption shifts the burden of proving that the person is alive to the person who affirms it. It is a rebuttable presumption, which means that the presumption can be proved otherwise by contrary evidence contrary.

Reference

1. Raeesa Bano v Smt. Tabassum Jahan & Others

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