Skip to main content

'Missing person's death date is day court declares so'

Legal heirs or beneficiaries are entitled to claim a deceased person's property. But what happens when a person goes missing and remains untraceable? When and how do the legal heirs claim the property?

Case Study: Jeet Singh did not return home from office on October 10, 2001. His wife, Raj Bala, lodged a police complaint stating that her husband had been kidnapped. The police registered an FIR on November 3, 2001.

Singh had taken two insurance policies from LIC on January 20, 1999. One policy was for a sum insured of Rs 50,000, while the other was for Rs 2,00,000. Bala informed the insurance company that her husband had been kidnapped and was missing. However, the insurance company did not respond. Meanwhile, Bala continued paying the premium for the policies. The premium for one policy was paid till January 13, 2007, while for the other till January 26, 2008.

On May 9, 2009, Bala filed a suit before the civil judge, Sonepat, for a declaration that her husband is dead and decree. The court passed an order May 21, 2010, declaring Singh to be dead and also issued a death certificate. Bala asked the insurance firm to settle the policy claims. The company sent a cheque of Rs 10,000, which Bala refused to accept. She filed a complaint before the district forum making a grievance about the insurance company asking her to keep paying the premium to keep the police alive.

The dispute was whether Singh should be considered to be dead on October 10, 2001, when he went missing, or when the court pronounced him dead in its order on May 21, 2010.

The forum held that both the policies had lapsed and directed the company to pay their paid up values. Bala's appeal to the Haryana state commission was also dismissed. She then filed a revision before the national commission.

She argued that even the district court had held that her husband was missing from October 10, 2001, and had declared him dead as per the court's May 2012 decree. She contended that the date of her husband's death should be considered to be October 10, 2001. She said there was no unpaid premium as on October 10, 2001, so she should get the entire sum insured rather than just the paid up value.

The insurance firm argued that the date of death would be considered as May 21, 2010, when the court pronounced its order declaring Singh to be dead. As the policies were lapsed May 21, 2010, the company argued that Bala was entitled to get only the paid up value.

The national commission observed that the law about presumption of death is governed by sections 107 and 108 of the Evidence Act, which has been interpreted by the Supreme Court, in LIC v/s Anuradha [(2004) 10 SCC 131]. The law provides that if a missing person remains unheard of for seven years, a presumption that he is dead can be raised in appropriate proceedings before a court. There cannot be any evidence about the actual date, time and place of his death.

The national commission held that the presumption of Singh's death could be reckoned from the date when the civil court passed its decree declaring him to be dead, or at the most when the suit for such declaration was instituted. The actual date when Singh went missing would not be irrelevant as the exact date and time of his death cannot be established. Since the policies were in lapsed condition before the declaratory proceedings were filed, the commission held that Bala would not be entitled to get the sum insured, but would only get the paid up value. Concurring with the district forum's order, the national commission dismissed Bala's revision. (Judgement dated November 19, 2013, by a bench of Justice K S Chaudhari and Dr B C Gupta in R P 1380 of 2012).

Conclusion: Although Bala kept paying the premium for several years after her husband went missing, she could not get the benefits under the policy as she did not continue paying it till the court declared her husband to be dead. The date of death for missing persons should, therefore, be considered to be the date when the court pronounces him to be presumed dead.

Article referred: http://timesofindia.indiatimes.com/city/mumbai/Missing-persons-death-date-is-day-court-declares-so/articleshow/27440309.cms

Comments

Most viewed this month

One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice

In CIVIL APPEAL NO. 12238 OF 2018, Pioneer Urban Land & Infrastructure Ltd. vs Govindan Raghavan, an appeal was filed before the Supreme Court  by the builder against the order of the National Consumer Forum. The builder had relied upon various clauses of the Apartment Buyer’s Agreement to refute the claim of the respondent but was rejected by the commission which found the said clauses as wholly one-sided, unfair and unreasonable, and could not be relied upon. The Supreme Court on perusal of the Apartment Buyer’s Agreement found stark incongruities between the remedies available to both the parties. For example, Clause 6.4 (ii) of the Agreement entitles the Appellant – Builder to charge Interest @18% p.a. on account of any delay in payment of installments from the Respondent – Flat Purchaser. Clause 6.4 (iii) of the Agreement entitles the Appellant – Builder to cancel the allotment and terminate the Agreement, if any installment remains in arrears for more than 30 da...

Inherited property of childless hindu woman devolve onto heirs of her parents

In Tarabai Dagdu Nitanware vs Narayan Keru Nitanware, quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her husband. Justice Shalini Phansalkar Joshi was hearing a writ petition filed by relatives of one Sundarabai, who died issueless more than 45 years ago on June 18, 1962. Article referred:http://www.livelaw.in/property-inherited-female-hindu-parents-shall-devolve-upon-heirs-father-not-husband-dies-childless-bombay-hc-read-judgment/

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.