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?

Option 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.

Option 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.

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

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

Correct Answer

Option: a

Explanation

Under Section 108 of the Evidence Act, a person who remains missing and has not been heard of by persons who would have usually heard of him for seven years is presumed to be dead for all legal purposes.

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