Uncle-In-Law Cannot Adopt Niece's Husband as 'Ghar Damad' Under Oraon Tribal Custom: Supreme Court

"It is nowhere established that an uncle-in-law can adopt his niece's husband as his ghardamad within the prevalent customary law." — Supreme Court

In a significant judgment concerning the customary inheritance practices of the Oraon tribal community, the Supreme Court of India has ruled 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.

A Bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh set aside the concurrent decisions of the trial court, the first appellate court and the Jharkhand High Court, holding that the alleged ghar damad arrangement did not satisfy the requirements of Oraon customary law.

Supreme Court Sets Aside Decisions of Three Courts

The dispute reached the Supreme Court after the trial court, first appellate court and the Jharkhand High Court had all accepted the defendants' claim that Punai, the husband of Budhain, had been validly inducted as a ghar damad by Ledura Oraon.

However, the Supreme Court held that there was no established customary practice permitting an uncle-in-law to induct his niece's husband as a resident son-in-law for succession purposes.

The Bench observed:

"It is nowhere established that an uncle-in-law can adopt his niece's husband as his ghardamad within the prevalent customary law."

Background of the Property Dispute

The case concerned ancestral property belonging to Sukhu Oraon, who had three sons:

• Dhungru Oraon

• Ledura Oraon

• Bhoula Oraon

According to the record:

• Ledura Oraon died without leaving any children.

• Bhoula Oraon died leaving behind a daughter named Budhain.

The plaintiff, Bejla Oraon, who is the son of Dhungru Oraon, claimed that after the deaths of Ledura and Bhoula, he became the nearest male agnate and was therefore legally entitled to inherit the ancestral property.

Defendants Relied on 'Ghar Damad' Arrangement

The defendants disputed Bejla Oraon's claim.

They argued that Budhain's husband, Punai, had been accepted into Ledura's household as a ghar damad and was therefore entitled to inherit the property.

The defendants also relied upon a document dated February 27, 1975, described during the proceedings as a partition deed, to support their claim.

Earlier Courts Accepted the Defendants' Claim

The trial court dismissed Bejla Oraon's suit after accepting the defendants' plea regarding the validity of the ghar damad arrangement.

The first appellate court upheld the trial court's decision.

The Jharkhand High Court also dismissed the second appeal, even after framing a substantial question of law on whether an uncle-in-law could legally induct a ghar damad under Oraon customary law.

Bejla Oraon then approached the Supreme Court.

Supreme Court Finds No Evidence Supporting the Custom

Before the Supreme Court, the appellant argued that the defendants had failed to prove any customary practice allowing an uncle-in-law to induct his niece's husband as a ghar damad.

He submitted that, in the absence of such a recognized custom, he alone, as the nearest male agnate, was entitled to inherit the property.

The Supreme Court found merit in this argument.

Justice Sanjay Karol, who authored the judgment, observed that although the institution of ghar damad exists within Oraon customary law, the present facts did not satisfy the legal requirements for applying that custom.

Supreme Court Relies on S.C. Roy's Work on Oraon Customary Law

The Bench referred to S.C. Roy's authoritative work, The Oraon of Chotanagpur, while interpreting the customary law governing succession.

According to the Court, a ghar damad acquires succession rights only when he is inducted into the family by:

• The last male owner of the property, or

• The widow of the last male owner.

In the present case, however, Punai was allegedly inducted by Ledura, who was merely Budhain's uncle and not her father.

The Court held that such an arrangement is not recognized under the applicable customary law.

Nearest Male Agnate Entitled to Inherit Property

The Supreme Court clarified that where there is:

• No valid ghar damad, and

• No other eligible male heir directly related to the landowner,

the property devolves upon the nearest male agnate.

The Court observed:

"...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."

Supreme Court Allows the Appeal

Allowing the appeal, the Supreme Court set aside the judgments of:

• Trial Court

• First Appellate Court

• Jharkhand High Court

The Court decreed the plaintiff's suit and held that the property would devolve upon Bejla Oraon, being the nearest male agnate under the applicable customary law.

Key Observations of the Supreme Court

The judgment highlights several important legal principles:

• An uncle-in-law cannot induct his niece's husband as a ghar damad under Oraon customary law.

• The institution of ghar damad is recognized under Oraon custom but only in specific circumstances.

• A valid ghar damad must be inducted by the last male owner or his widow.

• The defendants failed to establish any recognized custom supporting the arrangement in this case.

• In the absence of a valid ghar damad or another eligible male heir, the nearest male agnate inherits the ancestral property.

Case Details

Case Title: Bejla Oraon v. Kali Das Oraon & Others

Court: Supreme Court of India

Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh

Outcome: Appeal Allowed