Question 197

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?


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