Legal Question in Real Estate Law in India

Evidence act

Sec.110 of the evidence act states thus,''when the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner''what does it mean?Is it not conflicting with the benami prohibition act with regard to fixing of the ounus on the real owner to prove that the transction was benami as the benami act fix the onus the person who call the transaction as benami


Asked on 9/17/07, 8:57 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Evidence act

good afternoon

well i advice you to refer the evidence act and Benami transaction act.

please contact me personally professional charges are applicable

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Answered on 9/18/07, 4:35 am

Re: Evidence act

Your interpretation is wrong.consult a commentary on evidence Act and also Benami transaction Act.You put the same question in different words.Why you do not consult a local lawyer with all details?

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Answered on 9/17/07, 1:14 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Evidence act

Possession is one of the essential ingredient of ownership. Therefore, onus of proof is on the person who assert so. It has nothing to do with benami act, as the provision of evidence act is in respect of anything.

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Answered on 9/21/07, 1:25 am


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