Legal Principle: In the law of evidence, a person missing fo

197

M: +1.00/-0.25

Legal Principle: In the law of evidence, a person missing for long and not heard of, for over

seven years is presumed to have died.

Facts: A, B and C are children of F and M. At the age of 20, A went out in search of a job and was not contacting the family. All attempts to trace A by the family failed. Eight years after the death of the parents, B and C entered into a partition and took equal share in the property of F and M. One year after this, A returned home with his wife and two children and claimed his share in the property Whether A’s claim is legally sustainable?

[CLAT 2018]

A Since A was not heard of, for more than eight years, the legal presumption of death will apply and hence, he cannot claim a share in the property.

B It was A’s duty to be in touch with the family at least once in a year The failure of this duty will disentitle him from claiming property.

C A will succeed because he is a legitimate son of F and M.

D B and C are legally bound to give 1/3rd share of the property to A.