Whose burden to submit proof of land in court?

Querist : Anonymous (Querist) 20 January 2011 This query is : Resolved
Dear Experts,
1)If anyone go to court for claiming share in property without original document? 2)Whose burden to submit the document proof to court?
2)Can the court asks the particular area sub-registrar to submit opposite party land details?

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Y V Vishweshwar Rao (Expert) 20 January 2011
1-Shares will come in the suits for partition only - in the Joint Family /Joint properties / Joint Assets- in partitions suits - Initial burden of Joint nature of the properties and they are liable to be partitioned and entitlement of his share to be proved by the Plaintiff - then the burden shifts to opposite party to refute the evidence of the plaintiff

2-Proof of nature of property is required to claim share & Proof of entitlement is required

4- The Documents have to be filed by the party who is claiming the share to show that it is joint property and he has share & he is entitled to a share in the Suit Joint properties

5- Court will go through the pleadings and documents filed by each party and admissions in the pleadings of each party , it is not the court to call for / or/ ask for particulars from the Sub Registrar - it is the party who is loosing the case if the documents are not produced has to file the documents in the Court.

Nature of Proof /evidence / documents - defers from case to case - each case to be verified on its own merits and on its facts .

Khaleel Ahmed (Expert) 20 January 2011
It is the duty of the plaintiff to prove his or her claim.

Amit Minocha (Expert) 20 January 2011
the plaintiff has to prove his right. He can summons the records of Registrar

prakash vathore (Expert) 20 January 2011
ofcours its a duty of the plaintiff to prove his case.

Advocate. Arunagiri (Expert) 20 January 2011
Plaintiff has to obtain a certified copy from the SRO and has to proceed the case. Court will not summon the SRO.

Devajyoti Barman (Expert) 20 January 2011
The plaintiff ahs to prove his own case and no case is decreed on the ground of any weekness in the case of rhe defendant.
Yes the court has power to summon anybody if the same is necessary for the just decision of the case.

SANJAY GUPTA (Expert) 21 January 2011
agree with Mr. Barman

Y V Vishweshwar Rao (Expert) 21 January 2011
I agree with Mr barman !

Some Registered documents Certified copies are issued to the parties to the Documents only - not to others - in such cases the Plaintiff / or /Defendant can apply to the court for orders to SRO to file copy of Documents before the court.

Guest (Expert) 21 January 2011
all the registered documents are public documents any one can get the certified copy of the document and file it in the court.
in your case if you want to succeed you must substantiate your claim by documents and evidences.

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