The Supreme Court clarified that an uncle-in-law cannot adopt his niece’s husband as a ‘ghardamad’ for inheritance without proof of such a custom. Justices Sanjay Karol and N. Kotiswar Singh overturned three court judgments in a property dispute among the Oraon tribal community in Jharkhand. The court emphasized that the burden of proving a custom lies with the asserting party.
The apex court rejected the claim that Ledura Oraon could adopt his niece’s husband, Punai Oraon, as a ghardamad for inheritance rights. It stated that while the custom of a ghardamad inheriting from his father-in-law was proven, no evidence supported an uncle-in-law adopting his niece’s husband. The court stressed the need for evidence to establish customary practices.
According to the judgment, those alleging a custom must prove its existence and their adherence to it. The court highlighted the importance of proving long-standing usage and consistent practice through evidence. The dispute over ancestral property in an Oraon family arose from claims of inheritance through a ghardamad, which the plaintiff contested.
The Supreme Court found that the lower courts had accepted the custom without evidence and faulted the High Court for not deciding on the substantial legal question. It ruled that without a validly established custom, the nearest male agnate would inherit the property. The court set aside previous judgments, decreed in favor of the plaintiff, and directed appropriate reliefs.
