Multiple choice

Which of the following is correct?

  1. Rebuttable presumption arises that a man is alive if it is shown that he was alive within thirty years.

  2. Rebuttable presumption arises that a man is dead if it is proved that he has not been heard of for seven years by those who would naturally have heard from him if he had been alive.

  3. Both (1) and (2)

  4. None of these
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option C is correct. Option A is correct - Section 107 of the Evidence Act provides that when a person was alive within 30 years, there is a rebuttable presumption that he is alive. Option B is also correct - Section 108 provides that when a person has not been heard of for 7 years by those who would naturally have heard, there is a rebuttable presumption that he is dead. Both presumptions are provided by law, so 'Both (1) and (2)' is the correct answer. Both are rebuttable with evidence.

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