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    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.   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.

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