BURDEN OF PROOF ON PLANTIFF OR ON DEFENDANT

Querist : Anonymous (Querist) 30 November 2009 This query is : Resolved
Burden of proof on Plantiff or Defendant.

My maternal uncle ( real brother of my mother )purchased a property on my name when I was minor [ at the age of 10yrs]. My uncle purcahsed this property wish of my deceased mother at that time my mother was cancer patient) this property was purcahsed in 1974 and my maternal uncle was issueless till his death. After the 14 days of death my maternal uncle My father file a suit of benami that the property was purcashed by them and attached the forged document of forged gift deed which is not registered. During the evidence my father failed to proof.cooperative housing society submit reply as defendant No. 2 in court that gift deed is forged in society these document were not submit in society. Last year my father died. My father failed to proof benami. Now the case on arguments please advise me and send me some case laws to help me in this case

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Raj Kumar Makkad (Expert) 30 November 2009
law of evidence is very clear: who so ever asserts must prove.

So in the given case also anyone stating any fact has himself to prove and who so ever denying any fact has also to prove such denial.

joyce (Expert) 30 November 2009
I agree with Raj makkad, and also i like to share is that, when ur fathers prilimnary subject matter in proving the banami property is failed in evidential stage, then the said deposed evidence is sufficent in the explination of arguments. hope ur advocate looks for any new suprme court case laws to qoute the rulings, which give good long strenght to ur case.

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