Burden of proof as to ownership.

What this section does

When a person is shown to be in possession of a thing, the burden of proving that he is not the owner of that thing lies on the person who asserts non-ownership. Possession raises a presumption of ownership. The party challenging the possessor's title must rebut this presumption.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Possession of a thing raises a presumption of ownership; the burden of disproving ownership lies on the party denying it.

When it applies

• A person found in possession of a piece of land is presumed to be its owner; the party claiming otherwise must prove it.
• A person holding goods is presumed to own them unless the challenger proves a superior or adverse title.

Derived from IEA s.110.