SC Rejects Oraon Tribal Inheritance Claim Over ‘Ghar Damad’ Custom

New Delhi, July 9 (IANS) — The Supreme Court on Thursday delivered a landmark ruling on tribal property rights, holding that an uncle-in-law cannot claim to have adopted his niece’s husband as a ghar damad (resident son-in-law) for inheritance purposes unless the claimant proves such a custom.

The ruling sets aside concurrent judgments from three lower courts in a long-standing property dispute involving members of the Oraon tribal community in Jharkhand.

A Bench of Justices Sanjay Karol and N. Kotiswar Singh allowed an appeal filed by Bejla Oraon. The top court decreed the plaintiff’s suit after ruling that the defendants had completely failed to establish the existence of the specific custom they claimed.

Burden of Proof Lies on the Claimant

The apex court emphasized that the legal burden of proving a custom always lies on the party asserting its existence. It flatly rejected the defendants’ claim that a childless man, Ledura Oraon, could validly adopt his niece’s husband, Punai Oraon, as a ghar damad to pass down his ancestral property.

“It is nowhere established that an uncle-in-law can adopt his niece’s husband as his ghar damad within the prevalent customary law,” the Bench led by Justice Karol observed.

The Supreme Court noted that while existing evidence proves a ghar damad can acquire property rights from his actual father-in-law under Oraon custom, the defendants produced zero material to show that this practice legally extends to an uncle-in-law.

“Those who allege a custom must be the one to prove it. Merely observing that the opposite to what has been alleged is not clearly stated cannot be stated to be sufficient,” the Supreme Court observed.

The Bench reiterated that anyone relying on customary practice must prove both its consistent historical existence and that the custom explicitly governs them through long usage, prevalence, and undeniable evidence.

High Court Faulted for Procedural Oversight

The legal battle began over ancestral property belonging to an Oraon family. The defendants claimed ownership through Punai Oraon, arguing that Ledura Oraon had accepted him as a ghar damad. The plaintiff, Bejla Oraon, challenged this, contending that no such customary practice exists.

The Supreme Court found that the trial court, the first appellate court, and the Jharkhand High Court had all erroneously accepted the custom without any supporting evidence. Furthermore, it faulted the Jharkhand High Court for framing a substantial question of law on the issue but failing to actually decide it.

“Ordinarily, once a substantial question is framed, the parties have to be heard, and the issue decided accordingly,” the Bench noted.

Property Reverts to Nearest Male Agnate

Taking a cumulative view of the customary laws governing the Oraon community, the apex court held that the remaining customs pleaded by the defendants lacked proof.

The court ruled that in the absence of a validly established custom, the nearest male agnate automatically inherits the property. By setting aside the previous judgments, the Supreme Court decreed the suit in favour of the plaintiff and directed all consequential reliefs to follow.