Burden of proving death of person known to have been alive within thirty years.

What this section does

When the question is whether a person is alive or dead, and it is shown that the person was alive within thirty years, the burden of proving that the person is dead lies on the person who asserts death. This section creates a presumption of continuance of life for persons known to have been alive within the past thirty years. The party alleging death must discharge this burden.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Where a person was known to be alive within thirty years, the burden of proving that person is now dead lies on the party asserting death.

When it applies

• A claims an inheritance on the ground that B, last known to be alive 20 years ago, is dead — A must prove B's death.
• An insurance claimant asserts that the insured, who was alive 15 years ago, has died — the claimant bears the burden of proving death.

Derived from IEA s.107.