Burden of proving that person is alive who has not been heard of for seven years.

What this section does

When it is proved that a person has not been heard of for seven years by those who would naturally have heard of him if he were alive, the burden of proving that he is alive shifts to the person who affirms it. The section creates a presumption of death after seven years of silence. The initial burden lies on the party asserting death to show the absence of news for seven years from natural contacts.

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

The rule in one line

Seven years' absence without news raises a presumption of death, shifting the burden of proving life to the affirming party.

When it applies

• A man leaves his family and is not heard of for over seven years by his wife, children, or close relatives — the burden shifts to whoever claims he is still alive.
• In a succession dispute, if the missing person's heirs prove seven years of silence, the claimant asserting his survival must prove it.

Derived from IEA s.108.