A legal heir certificate for a missing person requires a court declaration after a seven-year absence, based on evidence of presumed death.

(Order of the Court was made by S.M.Subramaniam J.)

The memo dated 27.05.2025 relegating the petitioner to approach the competent Civil Court for declaration regarding presumption of death is under challenge in the present writ petition.

2. The petitioner states that she married to one Manivasagam, S/o.Palanisamy and her husband was found missing from 14.02.2006. Since he was missing for more than 7 years, the petitioner submitted an application, seeking issuance of death certificate on the ground that her husband is presumed to be dead. Revenue Authorities, relying on G.O.Ms.No.324 dated 28.06.2023, passed the impugned order dated 27.05.2025, relegating the petitioner to approach the competent Civil Court of Law for securing a Decree of Declaration and on production of decree from the Civil Court, death on presumption will be registered and certificate to that effect will be issued accordingly.

3. Learned counsel for the petitioner would submit that the petitioner instituted a Civil Suit before the Principal District Munsif Court, Tiruppur, which was returned on the ground that Revenue Authorities are empowered to issue death certificate and formed an opinion that Civil Suit is not maintainable. However, the suit returned was not re-

presented.

4. Guidelines and procedures for legalheir certificate had been issued by the Government in G.O.Ms.No.478 Revenue and Disaster Management dated 29.09.2022. Paragraph No.3 (2) of the Guidelines would show that "In the case of person treated as dead, (person who is missing for a period of 7 years or staying away from the family), the order of the competent court declaring the person as dead." Therefore, it is clear that declaration is to be obtained from Civil Court in respect of any person missing for more than seven years and on production of Civil Court decree, Revenue Authorities will be in a position to register the death on the ground of presumption and issue necessary certificate for availing various benefits.

5. The issue regarding approaching Civil Court for declaration under Sections 107 and 108 of Indian Evidence Act (Bharatiya Sakshya Adhiniyam (BSA), 2023) is no more res integra. A Hon'ble Division Bench of this Court in the case of S.Panjavarnam vs. The Tahsildar, Ramanathapuram District (W.P.(MD) No.18886 of 2024) dated 25.02.2026 has elaborately considered the issue and passed an order. Relevant Paragraph Nos.14 to 21 are extracted hereunder:

“14.On examining the structure of the Evidence Act, we find that Part-III Chapter VII deals with burden of proof wherein Section 107 says about on whose shoulder the burden of proving the death of a person shown to have been alive not heard for 7 years lies. Whereas Section 108 says the burden of proving that a person is alive is on the person who claims that the said person was heard within 30 years. Therefore, it is clear that Sections 107 and 108 has been read together wherever necessary and they are complementary to each other.

15.The expression burden of proof is explained in Section 101 of the Act and it commenced as below:

“whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he assets, much prove that those facts exists. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.”

16. Thus, without any pale of doubt, it is clear that the presumption of civil death can be drawn in aid of Section 107 of the Act by discharging the burden of proof before a Court of law, and the party who claims that death of person existing once not heard for 7 years and want a legal heir certificate has to necessarily undergo the process of getting a declarative decree from the competent Court with the aid of Section 107 of the Indian Evidence Act.

17.The learned