Sec 50 of indian evidence act

chandrabhanu (Querist) 27 January 2023 This query is : Resolved
Dear Sirs.
We have filed a suit for title & possession. The property belongs to ancestral. A person saying that he is my father's sister's son & sold the property. But in reality my father's sister have no issues (She herself does not mention anything in her written statement in her partition case) also the person sold the property is no where appears in our case and do not have any proof of existence like voter id, birth certificate, ration card etc. In this scenario Judge is asking to get the opinion of family. But even in family also no other person lives apart from us (Petitioners).

In this context, This is to get the clarity that proving of the non-existence person (Son) u/s 50 of Evidence Act is it mandatory / how much it is important to be proved by us (Petitioners) / Whether burden is on the purchaser to prove that the non existence person is existed through some record.

Sec50 of Evidence Act Illustration 2. (b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant. Comments Contradiction in evidence of relationship of witness of triffle nature, not material in a partition suit; Gowhari Das v. Santilata Singh, AIR 1999 Ori 61
Kindly clarify

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Quick Summary

This discussion revolves around Section 50 of the Indian Evidence Act and its application in a property dispute. The petitioner is questioning the burden of proof to demonstrate the non-existence of a person claiming to be a family member and who has sold ancestral property. The court has requested a family opinion, but the family is small. The core question is whether the petitioner must prove the non-existence of this individual or if the onus lies on the purchaser.

kavksatyanarayana (Expert) 29 January 2023
You have to prove that the person is not your family member in any way. When he was himself that he is your father's sister's son, your father's sister may give a deposition/statement before the court that he is not her son and she has no issues.

P. Venu (Expert) 30 January 2023
The facts, as posted, are disjointed and lack clarity; the posting is a riddle than query.

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