In an important development concerning the customary inheritance practice of the Oraon tribal community, the Supreme Court on Thursday (July 9) held that an uncle-in-law cannot validly induct his niece's husband as a ghar damad (resident son-in-law) under the recognized customary law.

“It is nowhere established that an uncle-in-law can adopt his niece's husband as his ghardamad within the prevalent customary law.”, observed a bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh, while setting aside the concurrent findings of the trial court, first appellate court, and the Jharkhand High Court ruling which had approved the ghardamad arrangement by an uncle-in-law.

The dispute arose from ancestral property belonging to Sukhu Oraon, who had three sons, i.e., Dhungru, Ledura, and Bhoula. While Ledura died without children, Bhoula died leaving behind a daughter, Budhain. The plaintiff, Bejla Oraon, son of Dhungru, claimed that as the nearest male agnate, he inherited the property after the deaths of Ledura and Bhoula.

The defendants, however, contended that Budhain's husband, Punai, had been taken as ghar damad by Ledura and was therefore entitled to succeed to the property. They also relied upon a document dated February 27, 1975, described during the proceedings as a partition deed.

The trial court dismissed the suit after accepting the defendants' plea regarding the validity of the ghar damad arrangement. The first appellate court affirmed the decree, while the Jharkhand High Court dismissed the second appeal despite framing a substantial question of law on whether an uncle-in-law was entitled under Oraon customary law to keep a ghardamad, prompting the plaintiff to move to the Supreme Court.

Before the Supreme Court, the plaintiff contended that the Courts below have erred in deciding otherwise, despite no customary practices on record to approve the ghardamad arrangements by an uncle-in-law. He contended that upon the death of Ledura and Bhoula, the nearest male agnate i.e., he himself, is only entitled to inherit the property after the deaths of Ledura and Bhoula.

Finding force in the Appellant-plaintiff's contention, the judgment authored by Justice Karol observed that the defendants had failed to establish that the alleged ghar damad arrangement satisfied the requirements of the applicable custom. While the existence of the institution of ghardamad in Oraon customary law was not in dispute, the Court emphasized that the present case did not fit within that custom.

Relying on S.C. Roy's authoritative work, The Oraon of Chotanagpur, the Court noted that a ghar damad could acquire succession rights only when he was adopted into the household by the last male owner or his widow. In the present case, Punai (Ghar damad) was allegedly inducted by Ledura, who was merely the uncle of Budhain (niece of Ledura) and not her father.

“…in the absence of a ghardamad or any other male heir directly related to the land owner i.e. the male members of the family, the nearest male agnate will have the right in the property. Hence, the judgments of the courts below are set aside. Plaintiff's suit is decreed.”, the Court held.

The appeal was allowed.

Cause Title: BEJLA ORAON VERSUS KALI DAS ORAON & ORS.

Citation : 2026 LiveLaw (SC) 657

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Appearance:

For Petitioner(s) Mr. Rajan Raj, Adv. Ms. Mohini Priya, AOR Ms. Sayesha Gambhir, Adv.

For Respondent(s) Mr. Vinod Chauhan, Adv. Mr. Pardeep Kumar, Adv. Mr. Ajeet Kumar Bhagat, Adv. Mr. Deepankar, Adv. Mr. Anubhav, AOR Mr. Rakesh Kumar, Adv. Mr. Shivam Munjal, Adv. Mr. Sahil Goyal, Adv. Mr. Umang Tripathi, Adv. Mr. Devansh, Adv. Mr. Ravindra Kumar, Adv. Ms. Shagun Mishra, Adv.