Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Sobha Devi – Appellant
Versus
Santosh Poddar – Respondent
| Table of Content |
|---|
| 1. execution of sale-deed challenged (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. subsequent sale-deed void due to prior (Para 8 , 9) |
| 3. agreement of sale considered in judgment (Para 10 , 11) |
| 4. no compulsion for expert signature verification (Para 12 , 13) |
| 5. burden of proof primarily on defendants (Para 14 , 15 , 16) |
| 6. discussion on burden of proof principles (Para 17 , 18 , 19) |
| 7. case concluded for judgment (Para 21) |
JUDGMENT :
(Anubha Rawat Choudhary, J.)
Learned counsel for the parties are present.
2. With respect to substantial question no. (i), the learned counsel for the respondents has submitted that the defendant no. 2 had denied execution of the sale-deed by which the property was transferred in favour of the plaintiff. The specific case was that the original defendant no.2 never signed in Bangla and he used to sign in Hindi. He submits that for substantial question no. (i), two points are required to be considered: -
(a) Denial of Rajamoni Mondal with respect to execution of sale-deed no. 388 of 2001, and
(b) that he was not examined to prove the sale-deed.
3. The learned counsel submits that admittedly Rajamoni Mondal (original defendant no. 2) expired during the pendency of
A registered sale-deed has presumptive validity unless fraud is proven, placing the burden of proof on the party alleging fraud.
The court ruled that registered sale deeds carry a presumption of validity, and subsequent deeds executed on the same property are void unless specific contractual links exist.
The burden of proof in civil trials must be borne by the plaintiff, who must substantiate allegations of fraud with appropriate evidence and particulars.
(1) An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such an agreeme....
A registered sale deed is presumed genuine, and the burden of proof lies on the party denying its execution, as per the provisions of the Evidence Act and Transfer of Property Act.
The burden of proof lies with the party asserting a fact, and failure to substantiate claims can lead to dismissal of the appeal.
The validity of a registered sale deed is presumed unless strong evidence of fraud or intoxication is presented, and claims of limitation must be substantiated.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
