After how many years is a missing person legally declared dead in your country?
In Britain it used to be the case that there was no set period, and spouses had to apply for a presumption of death to the high court.Scotland passed Presumption of Death (Scotland) Act 1977 which set a 7 year period after which a presumption could be made, and this finally made it into law in England and Wales with the Presumption of Death Act 2013. In England and Wales the presumption is not recorded as a death, but entered in a separate register of presumed deaths.The process of recovering property if someone presumed dead turns up later is defined in the same legislation: it appears to boil down to “little chance, mate”.
Would you leave a deceased person voise on the answer machine and you have to listen to it everytime you call?
My father passed away 4 months and on his answer machine he has his voise my brother lives in the house and my brother hasn't changed the machince recording and everytime i call my brother i am listening to my father which is ackward and sad. I have asked my brother to change it but he hasn't. he wants to keep his voise i told him to change the tape. if he wants to keep it he can.
How is a missing person declared dead in india?
To get declaration about a missing person that he should be supposed dead is a judgment in rem and as such the government is necessary party. Section 108 of Evidence Act does not provide a right that when a person is missing for more then seven years he should be declared Dead. It shifts only Burdon of proof over the other side to disprove your this fact if proved. There is no law that when a missing person should be declared dead. No other law is there about missing persons in India so all the answers are guess work and have no support of law. My personal view (not supported by any law) is that you should file a declaration suit in civil court. The valuation and court fee is at your sweet will. You should make all the legal representatives party and of course the government through the collector. As no relief is sought against the government application of section 80 CPC is not necessary. It would be better if you array one of LR as plaintiff and rest as defendant. Pleadings are simple. Cause of action arises on the last day he was heard alive. There is no limitation period fixed for such a suit.
How do I stop missing someone who is dead?
Well, I have never experienced this in my life but since I got a request from a friend to answer this question, here is what I believe :There is no point to forget but you can also not think about it everytime and that does not mean you disrespect the person but whenever you think about it or you miss the person, you cry, you get frustrated, you blame your fate. It’s difficult to not think much about it but ask yourself if you can do anything to get this sorted…?No, you cannot bring someone back in your life who is no more alive.. but what you can do is…Give yourself a certain amount of time to think about the person in every 24 or 48 hours and cry.. look at the sky, find it in the clouds.. open up your arms, keep looking at the sky and feel the best moments you had spent with the person and say everything you want to say… feel motivated to live the life you would have lived with that person, do that and you will be loved by him/her… everybody has to go one day, look around yourself.. you never know how long people who are very close to you are going to live, you just can’t do anything but can definitely enjoy some good moments with them so that you will get good memories.It won’t help you completely but it might help you feel better.. you have to keep yourself busy and you will get into this habbit…Thank you for requesting me to answer this question Tanvi Chaudhari
When, or under what circumstances, is a missing person presumed dead?
In the US, a missing person might be presumed dead if all evidence suggests that s/he is dead. If there is no evidence, normally the person will be presumed dead after 7 years. It is possible to get someone declared dead by going to court and presenting enough evidence to suggest that the person, more likely than not, is deceased. In your scenario, people have been declared dead well before the usual 7 years, given that chances are very great the person did not survive such an experience.
If a person is missing for years and is declared legally dead with their will executed and assets distributed, what happens if they come back?
If a person executed a will and thereafter goes missing for years and is declared dead then he should not get back his distributed assets. I am of this view personally that the above should be the stance taken in the above circumstances.However laws vary from country to country and from state to state.Courts mostly hold that the inherited properties which are in the hands of the successors of the estate be returned back to the alleged deceased but the properties which have been disosed off by the successors be not returned back to the alleged deceased as the said new owners are considered to be Bonafide purchasers of the estate presuming the successors to be rightful owners for disposing the said properties.However if insurance payments of the alleged deceased have been paid to the beneficiaries then the alleged deceased ought to be held liable to repay the same to the insurance company and to such other like companies. If the contrary is held and the insurance company faces the loss then this will lead to multiple litigation as insurance holders and beneficiaries can connive together and succeed in big frauds.I am.personally if the view that apart from the above, the alleged deceased should also be put to criminal prosecution under various criminal proceedings for trying to prove that he is dead whereas actually he is not dead.If found guilty the said alleged deceased should be punished on various accounts as available under the law.The above is my personal appreciation of the issue in hand.Disclaimer: above is not a legal advice to constitute a client attorney relationship between us.
In legal terms, what happens if a missing person is declared legally dead, their spouse remarries, and then the missing person is found?
If you’ve been missing and absolutely uncontactable for minimum seven years, then you can be declared legally dead and your marriage no longer subsisting.That is the general picture in most Common Law countries. The period may be more in some countries, but mostly not more than 10 years.If memory serves, Robinson Crusoe was a castaway for only four years (the same for its real-life inspiration Alexander Selkirk), so your marriage would continue to subsist. That means the wife’s remarriage would most likely have to be annulled by court order.Update:—Let me explain further:—If the person had gone missing and declared dead (as the question had it), that means declared legally dead.For that legal declaration to happen, the court would allow petitions only for more than 7–10 years of disappearance. It isn’t going to let that happen for anything less.Since the wife has already managed to declare her husband legally dead and has also already remarried, the question is moot. The marriage with the ‘old’ husband has ceased to subsist by now anyway.In other words, her ‘new’ husband is the legal husband and there is little or no recourse for the ‘old’ husband to recover his marriage.
R&B songs that refer to the death of a loved one?
take away - missy elliott , tweet , ginuwine bye bye - mariah carey one sweet day - mariah carey dont leave - black street gone - n sync can heaven wait - luther vandross That is all that I couls thin kof sorry : )