Case Law Analysis
|Bombay High Court
Section 108 Evidence Act | Limitation for Declaration of Death Begins at Police Certificate Issuance, Not Disappearance Date : Bombay HC
The Bombay High Court has ruled that the three-year limitation period to seek a judicial declaration of death under Section 108 of the Indian Evidence Act starts from the date the police issue a certificate confirming permanent disappearance, not from the date the person went missing. This clarifies a critical procedural hurdle for heirs and successors seeking to settle property, inherit assets, or obtain official death records after prolonged absences.