Legal Question in Civil Rights Law in India

woman was not found for more than 7 years (1986 - 2003)

Based on her sister, husband's statements and news paper publication she was declared as a civil death in 2003 (no FIR filed in police station)

Now in 2013 for property rights her husband says she was living with him upto 2013 and got natural death.

but it's a fake. she was not lived with him after 1986..

as a proof he shows

her name in his ration card

a death certificate from corporation

and his neighbor's as evidence

and denies the statement which he was made in court at 2003

My questions are

1. between court declaration and death certificate which one will taken as true?

2. whether above evidences are enough to set void the civil death declaration?

3. how to prove he is lying


Asked on 2/19/14, 8:27 pm

3 Answers from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

file a suit for declaration and in that attach all the documents you have in your support. for further query contact 9312411481.

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Answered on 2/20/14, 3:22 am
Fca Prashant Chavan Expert Edge LLP

20.02.2014

Dear Sir / Madam,

1. A "missing person" is treated as dead on completion of eight years from the date of lodging the Police complaint. The Court declaration will prevail.

2. No, the evidences are irrelevant and meaningless.

3. Rely on the judgement of court case.

Regards,

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Answered on 2/20/14, 4:02 am

In case she is alive then a suit for declaration for the same can be filed

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Answered on 2/20/14, 11:15 pm


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