Case Law Analysis
|Madras High Court
Section 108 BSA 2023 | Civil Court Declaration Mandatory for Presumption of Death Before Legal Heir Certificate Issuance : Madras HC
Madras High Court reinforces judicial primacy by ruling that revenue authorities cannot issue legal heir certificates based solely on presumption of death under Section 108 of the Bharatiya Sakshya Adhiniyam 2023. A civil court decree declaring death is mandatory, impacting inheritance and property succession procedures for missing persons.