Topic

presumption of death

3 articlesLatest August 2026
Section 12/17 RBD Act - Death Certificate Date is Binding on Employer | Claim Settlement Dispute : OHC
Case Law Analysis

Section 12/17 RBD Act - Death Certificate Date is Binding on Employer | Claim Settlement Dispute : OHC

An Odisha High Court ruling confirms that the date recorded on a death certificate issued under the Registration of Births and Deaths Act cannot be contested by an employer unless corrected by law. This makes the certificate a conclusive public document for settling service-related claims. The decision safeguards families of deceased employees from arbitrary denial of benefits.

Section 108 BSA 2023 | Civil Court Declaration Mandatory for Presumption of Death Before Legal Heir Certificate Issuance : Madras HC
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.