Section 107 of IEA : Section 107: Burden Of Proving Death Of Person Known To Have Been Alive Within Thirty Years

Explanation using Example

Imagine a scenario where an elderly woman, Mrs. Gupta, has not been seen by her neighbors or family for over 35 years. A property developer, Mr. Singh, wants to acquire her land. However, the land is still in Mrs. Gupta's name. In court, Mr. Singh claims that Mrs. Gupta must have passed away given her age and the years of absence, and thus he should be allowed to proceed with the acquisition. According to Section 107 of The Indian Evidence Act, 1872, since Mrs. Gupta was shown to be alive 35 years ago, the burden of proof falls on Mr. Singh to provide evidence that she is indeed deceased. Without such proof, the presumption is that Mrs. Gupta is still alive and retains ownership of her land.