Question Details

Legal Principle: In the law of evidence, a person missing for long and not heard of, for over seven years is presumed to have died.
Facts: A, B and C are children of F and M. At the age of 20, A went out in search of a job and was not contacting the family. All attempts to trace A by the family failed. Eight years after the death of the parents, B and C entered into a partition and took equal share in the property of F and M. One year after this, A returned home with his wife and two children and claimed his share in the property. Whether A’s claim is legally sustainable?

Options

Since A was not heard of, for more than eight years, the legal presumption of death will apply and hence, he cannot claim a share in the property.

It was A’s duty to be in touch with the family at least once in a year. The failure of this duty will disentitle him from claiming property.

A will succeed because he is a legitimate son of F and M.

B and C are legally bound to give $\frac{1}{3}$ rd share of the property to A.

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