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(Guest)

Partition suit - onus of the party

sir, when in a partition suit ,when the defendnant repsonds trying to include all self earned properties of plaintiff(son inherited dad's property) as part of the partition, how will the case move forwared. ..Does the onus lies on the plantiff(son) to prove it is a self earned property (of his dad who is no more) even though it is a malfide act of the defendant to drag the case by pulling these properties of the plantiff into the case what if the plantiff (son) has no proof to show that the properties of dad are self acquired. this is for a hindu family



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 1 Replies

Rohit Subbayya (Advocate)     23 February 2016

Section 101 of the Indian Evidence Act reads :-

101. Burden of proof.—Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Therefore in the circumstances narrated by you, the burden lies on the Defendant, who is alleging the nature of the property to be ancestral, to prove the said allegation levelled by him.


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