A, an illiterate person, executes some document in favour of B. The burden of proof lies on

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.   As per section 111 of Evidence Act-  Proof of good faith in transactions where one party is in relation of active confidence. –– 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.