| 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 |
| Fact Situation 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. |
| Which among the following proposition is true? |
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 win 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 l/3rd, share of the property to A.
Correct Answer: A
Solution :
Sol. As per the 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". Therefore, A cannot claim a share in the property because he was not heard of, for more than eight years and the legal presumption of death will apply.
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