Burden of proof as to ownership
AI Assist
Summary
If someone is shown to be in possession of a thing and ownership is disputed, the person who says he is not the owner must prove that he is not. This rule applies once possession is established as a fact. The consequence is that the denial of ownership carries the burden of proof.
Example
Ravi is found in possession of a bicycle that a neighbour claims is theirs. Ravi tells the court he is not the owner. Because Ravi is shown in possession, he must prove he is not the owner, for example by producing a bill or proof that he was only storing it with permission.
Bare Act
Enacted textWhen 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.
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