Showing posts with label burden of proof. Show all posts
Showing posts with label burden of proof. Show all posts

21 April 2020

How to prove a WILL?

At least one of the attesting witnesses is required to be examined to prove his attestation and the attestation by another witness and the testator.
how-to-prove-will
    Once the Will has been proved then the contents of such document are part of evidence. Thus, the requirement of Section 63 of the Act and Section 68 of the Evidence Act stands satisfied. The witness is not supposed to repeat in a parrot like manner the language of Section 68 of the Evidence Act. [Para No.23]



19 April 2020

Burdon of proof is on the party who claims the property to be joint property of Hindu Undivided Family

The law is well settled that the burden is on the person who alleges that the property is a joint property of an HUF to prove the same.[Para No.10]

burden-of-proof-is-on-claimant
It is clear that not only jointness of the family has to be proved but burden lies upon the person alleging existence of a joint family to prove that the property belongs to the joint Hindu family unless there is material on record to show that the property is the nucleus of the joint Hindu family or that it was purchased through funds coming out of this nucleus. [Para No.19]


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