Legal Death:
It is the recognition under the law in which doctors declare that a person is no longer alive.
Presumption of Death:
In some cases, a person will be declared dead even without doctor's declaration. There are two circumstances.
First, if a person was known to be in risk of death when last seen, they can be declared dead shortly after.
Second, if a person has not been seen for a certain period and there has been no evidence that they are alive.
General Rule:
There is a general rule that simple absence does not prove death. There are requirements for declaring an individual legally dead;
• The place where the person lived in before death.
• The place where they are presumed to have died.
• Way he died (murder, suicide, accident, etc.).
Time Period:
Most countries have a set time period (seven years in common law jurisdictions) after which an individual is presumed dead if there is no evidence to the contrary. However, if the missing individual is the owner of a significant estate, the court may delay ordering the issuing of a death certificate if there has been no real effort to locate the missing person.
Presumption of Death Act:
This act empowers the High court to declare a person presumed dead. This declaration is conclusive and cannot be appealed. It is recorded on a new Register of Presumed Deaths and has the same effect as a registration of death.
Reappearance:
Missing persons on some occasions, have been found alive after being declared legally dead. Some people have fake death to avoid paying taxes, debts, and so on.
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