ЁЯУв Too many exams? DonтАЩt know which one suits you best? Book Your Free Expert ЁЯСЙ call Now!


    Question

    A, an illiterate person, executes some document in

    favour of B. The burden of proof lies on
    A A, an illiterate person Correct Answer Incorrect Answer
    B B, in whose favour document is executed Correct Answer Incorrect Answer
    C Both a and b Correct Answer Incorrect Answer
    D As mentioned in the document Correct Answer Incorrect Answer

    Solution

    The act of using influence on another and taking undue advantage of that person is called undue influence. Here B may take undue advantage of A as A is illiterate and may not understand the contents of the document. As A has executed the document in favour of B, it can be possible that he trusted B. Hence, B is in position of active confidence. ┬а As per section 111 of Evidence Act-┬а Proof of good faith in transactions where one party is in relation of active confidence. тАУтАУ Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence.

    Practice Next
    More Other Laws and Acts Questions
    ask-question