Section 111 of BSA : Section 111: Burden of proving that person is alive who has not been heard of for seven years.

BSA

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Explanation using Example

Example 1:

Ravi, a businessman from Mumbai, went missing in 2015. His family, including his wife and children, have not heard from him since then. In 2023, his wife wants to declare him legally dead to settle his estate and claim his life insurance. According to Section 111 of The Bharatiya Sakshya Adhiniyam 2023, since Ravi has not been heard of for seven years, the burden of proving that he is still alive shifts to anyone who claims he is alive. If no one can provide such proof, Ravi can be legally declared dead.

Example 2:

Sunita, a resident of Delhi, disappeared in 2016. Her parents and friends, who would naturally have heard from her if she were alive, have not received any communication from her since her disappearance. In 2024, her parents want to sell her property to pay off debts. Under Section 111 of The Bharatiya Sakshya Adhiniyam 2023, since Sunita has not been heard of for seven years, the responsibility to prove that she is alive falls on anyone who asserts that she is still living. If no such proof is provided, Sunita can be presumed dead, allowing her parents to proceed with the sale of her property.

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