Section 107 of IEA : Section 107: Burden of proving death of person known to have been alive within thirty years.

Explanation using Example

Example 1:

Ravi, a businessman, was last seen alive in Mumbai in 1995. In 2023, his family wants to declare him legally dead to settle his estate. According to Section 107 of The Indian Evidence Act 1872, since Ravi was known to be alive within the last thirty years, the burden of proving that he is dead falls on his family. They must provide evidence, such as a death certificate or other substantial proof, to support their claim that Ravi is no longer alive.

Example 2:

Meena, a resident of Delhi, was last known to be alive in 2000. In 2029, her husband files a petition in court to declare her dead so he can remarry. Under Section 107 of The Indian Evidence Act 1872, because Meena was known to be alive within the last thirty years, her husband must prove that she is dead. This could involve presenting evidence like police reports, witness testimonies, or any other documentation that supports the claim of her death.