SUBHASH RAMCHANDRA WADEKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) AN interesting and important question of law arises in this proceeding for consideration of the Court as to the presumed date of death of a person where the presumption of death on expiry of 7 years absence applies and the person concerned is not heard of for last more than 7 years. The question arising before the Court is of some significance as the Estate Duty Act, 1953 was repealed from 1/04/1985, save and except in respect of liability to pay estate duty where the deceased had died prior to the date.

(2.) THE relevant facts having bearing on the above referred question are as under :- (a) The petitioner is the son of Shri Ramchandra Arjun Wadekar. The said Ramchandra left home on 9/01/1984 and was not heard of by the petitioner and the other relatives since then. A missing report was filed by petitioner with the police authorities. Newspaper advertisements were issued announcing reward to the informant for tracing the whereabouts of the said Ramchandra. All efforts to trace out Ramchandra failed. On 9/01/1984, Police authorities issued a certificate to the effect that the said Ramchandra was missing since 9/01/1984. The said Ramchandra could not be traced by the authorities. Nothing was heard from him or about him. (b) The statutory period of 7 years expired on or about 8/01/1991.

(3.) ON 18th Sept. 1991, the petitioner filed Miscellaneous Petition No. 4 of 1992, in this Court for a presumptive finding that Shri Ramchandra Arjun Wadekar is presumed to be dead on the ground that he has not been heard of for last more than 7 years by the persons who would have normally heard of him. The petitioner invoked Ss. 107 and 108 of Indian Evidence Act, 1872.