Burden of proving death rests on the claimant where recent proof exists that the person was alive.

Section 107 of the Indian Evidence Act, 1872 allocates the burden of proof where a person's life or death is in issue. Once it is shown that the person was alive within thirty years, the party asserting that the person has died must prove the death. The provision places the evidentiary burden on the affirmative claimant of death in such circumstances.

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