Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration that partition deed is null and void - Initial burden is on plaintiff to prove that partition deed is invalid and is liable to be declared as null and void - On discharge of initial burden by plaintiffs, onus shifts to defendants to prove validity of partition deed...........
Hindu Adoptions and Maintenance Act, 1956, Section 16, Evidence Act, 1872, Section 101 -- Adoption - Burden of proof - Initial burden of proof is upon adoptive parents to prove the factum of adoption and execution of adoption deed...........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Property purchased in the name of deceased/Hindu female - In the absence of any deed of gift or Will, estate of deceased would have to devolve in terms of S.15 of the Act - Defendant failed to discharge the initial burden of proof to show that property was gifted to him - Preliminary..........
Evidence Act, 1872, Section 102 -- Burden of proof - Gift deed - When a person obtains any benefit from another, Court would call upon person who wishes to maintain the right to gift to discharge burden of proving that he exerted no influence for purpose of obtaining the document...........
Evidence Act, 1872, Section 102 -- Burden of proof - Gift deed - Challenge as to - When deed itself said that possession of property was given to donee, burden of proving that said recital was not correct, lay on party who asserted so...........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 102 -- Registered sale deed - Burden of proof - Registration of sale deed carries with it a presumption that it was validly executed - Burden of proof lies on the party challenging genuineness of transaction to show that it is not valid in law...........
Evidence Act, 1872, Section 102, Indian Contract Act, 1872, Section 16(3) -- Will - Revocation - Defendant beneficiary of revocation deed - Burden of proof is on defendant to prove as to under what circumstances testator got revocation deed executed which was against the interest of his daughters and in favour of defendant, who was in custody of revocation deed - Defendant..........
Hindu Adoptions and Maintenance Act, 1956, Section 16, Evidence Act, 1872, Section 102 -- Adoption - Challenge thereto - Burden of proof to challenge adoption deed and proving that it was not properly executed was upon plaintiff - Plaintiff however, failed to explain satisfactorily as to why she put her signatures on document, despite being suspicious about it - Moreover,..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 111 -- Forged and fabricated gift deed - Burden of proof - Generally burden of proof is on the person who so alleges - However, when defendants were in dominating position and plaintiffs had faith upon them, burden in view of S.111 of Evidence Act, is upon defendants to prove that transaction of gift..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 111 -- Forged and fabricated gift deed - Burden of proof - Plaintiffs proved that they are illiterate ladies and defendants being their agnates were in dominating position particularly, after death of husband of plaintiff No.1 - Court below, thus rightly shifted burden of proving genuineness of gift..........
