Section 164 of the Evidence Act 2011 – What it Says and All You Need to Know.
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Section 164 of the Evidence Act 2011 Provides as Follows:
(1) A person shown not to have been heard of for seven years by those, if any, who if he had been alive would naturally have heard of him, is presumed to be dead unless the circumstances of the case are such as to account for his not being heard of without assuming his death; but there is no presumption as to the time when he died, and the burden of proving his death at any particular time is upon the person who asserts it.
(2) For the purpose of determining title to property where two or more persons have died in circumstances in which it is uncertain which survived the other they are presumed to have died in order of seniority.
(3) There is no presumption as to the age at which a person died who is shown to have been alive at a given time.
Other Relevant Sections:
- Section 165 of the Evidence Act 2011
- Section 166 of the Evidence Act 2011
- Section 167 of the Evidence Act 2011