Law Notes Hub: BALLB Lecture Notes

OBJECT A presumption in law means inferences which are concluded by the court with respect to the existence of certain facts. There is a general presumption of continuity of things. Once a thing is shown to exist, the law presumes that it continues to exist until the contrary is shown. This applies to continuity of life also.  The concept of presumption of survivorship is associated with the legal issues related to inheritance or distribution of property when two or more persons, who are natural heirs of each other, die almost at the same time. Death may occur due to a common disaster such as aircraft crash, earthquake, shipwreck, road traffic accident, battle etc.. Section 107 Indian Evidence Act accordingly provides that when a person is shown to have existed within the last thirty years, the presumption is that he is still alive and if anybody alleges that he is dead, he must prove that fact. S.1 07. Burden of proving death of person known to have been alive within thirty years....