(1) If a person disappears without any
notice for a period of consecutive twelve years or if a person for
whom it is natural to have information about such disappeared
person has not received any information about him or her for the
last twelve years, such a person shall, except in cases where an
evidence establishing that he or she is alive is received, be deemed
to be dead.
Provided that in the following circumstance, such a person
shall be deemed to have died after the completion of the following
period:
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(1) In the case of a person having attained eighty
years of age, five years,
(2) In the case of a soldier deputed to war-field, four
years after the cessation of the war;
(3) In the case of a person traveling by an aircraft,
ship or other vehicle that met with an accident,
three years after the date of such accident.
(2) Notwithstanding anything contained in clause (3) of
the proviso to sub-section (1), if a person dies in an accident and
there is no evidence of another person meeting with the same
accident to remain alive, such a person also shall be deemed to have
died at the same time.
(3) Where more than one person are dead at one and the
same time in an accident, each person so died is deemed, except as
otherwise proved, to have been died at the same time.
Provided that where, for a particular purpose, a question that
which of the persons died first in such an accident requires to be
settled, the person who was older by age at the time of death shall,
unless otherwise proved, be deemed to have been died first.
(4) If the concerned person files a petition stating that any
person has disappeared without a notice or died due to a disaster or
accident and requests for a judicial declaration on such person's
death, disclosing therewith the date, place, cause of death and basis
thereof, the court may, after examining the evidence, make an order
of judicial declaration on the death of such a person.
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(5) If a person already declared dead pursuant to subsection
(4) comes back alive and files a petition in person to get the
judicial declaration made earlier to be annulled or if his or her
successor files a petition for amendment to the previous judicial
declaration on death for the reason that the date of death of such
deceased happened to be different than the date referred to in the
judicial declaration, the court shall, having examined into this
matter, annul or amend the judicial declaration made pursuant to
sub-section (4).
Provided that-
(1) Where a living wife has concluded another
marriage after such declaration, the matrimonial
relationship with the person declared to be dead
cannot be re-established.
(2) There shall be no adverse effect on the legal
right of the person declared to be dead.
(3) The act that has already been carried out
pursuant to the previous judicial declaration shall
not be prejudiced by virtue of the establishment
of a new date of death.
(4) The right, interest or concern of the person
provided by law shall not be affected by any act
done or action taken pursuant to clause (3).