Proving Title in a Civil Suit
Key Principles for Proving Title
Burden of Proof:
The plaintiff must independently prove their title to the property. The burden lies on the party claiming ownership to establish a clear case for granting a declaration of title Union of India VS K. V. Lakshman - Supreme CourtChekkaminte Purakkal Hamza Alias Kunhimon, S/o Mohamedali VS Pattath Ashraf, S/o Kader - Kerala.

Evidence Required:
Mere entries in revenue records do not confer title or presumptive value on title. They only indicate the ability to pay land revenue, Prahlad Pradhan VS Sonu Kumhar - Supreme Court.
The plaintiff must provide substantial evidence, such as documents of title (e.g., sale deeds, settlement deeds) and proof of possession. Union of India VS K. V. Lakshman - Supreme CourtNasib Kaur VS Col. Surat Singh (Deceased) through LRs - Supreme Court.

Nature of Documents:
The intention behind the execution of documents (like settlement deeds or sale deeds) is crucial. Courts will interpret these documents to ascertain whether they effectively transfer title Subbegowda (Dead) By Lr. VS Thimmegowda (Dead) By Lrs. - Supreme CourtVinay Eknath Lad VS Chiu Mao Chen - Supreme Court.
A deed must comply with legal requirements under the Transfer of Property Act and the Evidence Act to be valid(Sreedhara Pai VS Damodara Naiken Srva Naiken - Kerala).

Possession and Title:
The principle of possession follows title applies, meaning that if a person has title, their possession is presumed to continue unless proven otherwise State of A. P. VS Star Bone Mill & Fertiliser Co. - Supreme Court.
If the defendant claims adverse possession, they must prove open assertion of hostile title, exclusive possession, and knowledge of such assertion. CICILY VS SULAIKHA BEEVI - Kerala.

Steps to Prove Title

Gather Documentation:
Collect all relevant documents that establish ownership, such as:

Sale deeds
Settlement deeds
Title deeds
Revenue records (for context, not as primary evidence)
Establish Continuous Possession:

Provide evidence of continuous and exclusive possession of the property, which can support the claim of title, State of A. P. VS Star Bone Mill & Fertiliser Co. - Supreme Court.

Challenge Opposing Claims:
Be prepared to counter any claims made by the defendants regarding their title or possession. This may involve disproving their evidence or establishing that their claims are based on invalid documents. Union of India VS K. V. Lakshman - Supreme CourtPrahlad Pradhan VS Sonu Kumhar - Supreme Court.

Legal Compliance:
Ensure that all documents are executed in compliance with the legal requirements set forth in the Transfer of Property Act and the Evidence Act, Sreedhara Pai VS Damodara Naiken Srva Naiken - Kerala.

Conclusion
To successfully prove title in a civil suit, the plaintiff must provide clear and convincing evidence of ownership, establish continuous possession, and effectively counter any opposing claims. It is essential to rely on valid legal documents and ensure compliance with statutory requirements. The burden of proof rests with the plaintiff, and they must substantiate their claims with adequate documentation and evidence of possession.

A title suit can be filed in a civil court under the Code of Civil Procedure, 1908 when a person seeks to establish ownership over immovable property. The plaintiff must submit a plaint, along with documents like sale deeds, gift deeds, partition deeds, mutation records, revenue records, and possession proof. To prove the title, the plaintiff must show a clear and lawful chain of ownership and may rely on witnesses and expert evidence. The burden of proof lies on the person asserting ownership, and the court decides the case based on documentary evidence, oral testimony, and legal principles.

A title suit is filed in a civil court by presenting a plaint that explains the facts of ownership, boundaries of the property, and the relief sought. The court should have proper territorial and monetary jurisdiction, and the required court fee must be paid.

To prove the title, the plaintiff must provide documents such as sale deed, mutation records, property tax receipts, and other ownership papers. Continuous possession and oral evidence can also support the case.
The court checks whether the plaintiff has proved legal ownership. If satisfied, it may declare the title and also grant possession if needed.

To file a title suit in an Indian court:
1)Prepare a well-drafted plaint supported by valid ownership documents and possession proof
2)File it in the competent civil court with necessary court fees
3)Follow the procedures of summons, written statement, evidence, and trial under the Civil Procedure Code
4)Be prepared to prove lawful title and exclusive possession before the court
5)Optionally seek interim injunctions for protection of property during proceedings