Law: Qanun-e-Shahadat (10 of 1984)

Section: 123,124

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 123 & 124---Presumption of death after expiry of seven years' period---Scope and significance---Article 124 of the Qanun-e-Shahadat, 1984 was attracted where a person had disappeared and was not heard for a period of seven long years by any of those who would have naturally heard of him had he been alive---Article 124 raised a presumption that a person who had disappeared without a trace for seven years may no more be alive---Without the proof of actual death as envisaged under Art.123, a missing person in terms of the legal fiction contained in Art. 124 was to be presumed dead, if he was not heard for seven years by those who would have definitely heard of him had he been alive---Article 124 prevented the court from entertaining a case for making a declaration of death of a missing person until the statutory seven years period prescribed therein expired---To prescribe a waiting period was of utmost importance as presuming a missing person to be legally dead without waiting for a sufficient period of time had its own adverse consequences on his rights e.g. his rights over his estate and his inheritance rights---By prescribing a minimum period of seven years what the law only suggested was that before presuming a missing person to be legally dead, persons interested in seeking such a declaration should wait for seven years as it was quite possible that within such period he might resurface or his whereabouts may become known, in case he was still alive---Seven years period was nothing but a safety precaution provided by law which required the concerned parties to wait for a certain period of time and only upon expiry of such period seek declaration from the Court that the missing person may no more be alive. Ram Singh v. Board of Revenue U.P. Allahabad AIR 1964 All. 310 and Smt. Bhanumati Dayaram Mhatre v. Life Insurance Corporation of India AIR 2008 Bom. 196 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art.124---Presumption of death after expiry of seven years' period---Determining probable time of death---Scope---By presuming a person dead in terms of Art.124 of Qanun-e-Shahadat, 1984, it did not mean that…

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