The petitioner is the son of M.I.Baby whose whereabouts are not known for the last more than 16 years. A man missing complaint was filed before the Kothamangalam Police. Ext.P1 is the FIR. Ext.P3 is the crime memo recorded by the Kothamangalam Police. The petitioner has also approached the Munsiff Court, Muvattupuzha for partition of the property belongs to M.I.Baby. In the suit M.I.Baby declared as dead as his whereabouts are not known for more than seven years. The grievance of the petitioner in this writ petition is non consideration of application for legal heir certificate.
2. Under Section 108 of the Indian Evidence Act, the burden of proving that person is alive who has not been heard of for seven years is on the person who affirms he is alive. The presumption arises on death if a person who WP(C).No.24808/2014-A.
2 would have naturally heard on him asserts that he has not been heard for seven years. In view of the assertion made by the son and the wife of M.I.Baby, such assertion can be accepted to declare civil death. Therefore, I am of the view the application of the petitioner shall be considered. Accordingly, the second respondent is directed to issue the legal heir certificate to the petitioner within a period of two months from the date of receipt of a copy of this judgment.
Writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, (Judge) Kvs/-