Indian Judgements

Indian Judgements

Customary Law of Inheritance: Burden of Proof on party claiming custom

In BejlaOraon v. Kali Das Oraon&Ors. [Neutral Citation: 2026 INSC 672, decided on July 9, 2026], the Supreme Court of India adjudicated a civil appeal challenging concurrent findings of fact regarding customary inheritance within the Oraon tribal community of Jharkhand. The dispute arose when the plaintiff (a grandson of the common ancestor) claimed absolute title over the ancestral estate through male agnatic succession. This claim was resisted by the daughter and son-in-law of the plaintiff’s uncle, who asserted that the son-in-law (Punai) had been formally adopted as a ghardamad (resident son-in-law) by another uncle-in-law (Ledura) who died issueless, thus granting him customary inheritance rights. The Trial Court, First Appellate Court, and the Jharkhand High Court concurrently dismissed the plaintiff’s suit, accepting the ghardamad status and a subsequent 1975 partition deed.

The Supreme Court allowed the appeal, setting aside the concurrent judgments and decreeing the plaintiff’s suit. A Division Bench comprising Justice Sanjay Karol and Justice NongmeikapamKotiswar Singh ruled that under Article 136 of the Constitution, the Supreme Court is fully justified in reversing concurrent findings if they ignore material evidence, suffer from perversity, or cause grave injustice. On the merits, the Court held that a party asserting a specific tribal custom bear the absolute burden of proving it through continuous, long, and consistent usage under Section 48 of the Evidence Act. The Bench determined that while the custom of a father adopting a ghardamad exists, the defendants failed to establish that an uncle-in-law has any right to adopt his niece’s husband as a ghardamad. Consequently, the general rule of Oraon agnatic succession prevails, making the nearest male agnate (the plaintiff) the rightful owner of the estate.

1. Factual Matrix and Pedigree Relation

  • The Ancestral Lineage: The property originally belonged to a common grandfather, SukhuOraon, who had three sons: Dhungru, Ledura, and Bhoula. The plaintiff (Sukho) was the second son of Dhungru. Ledura died childless. Bhoula died leaving behind a daughter, Budhain (Defendant No. 1), who was married to Punai (Defendant No. 2).
  • The Customary Dispute: It was an admitted position between the parties that under the traditional customary law governing the Oraon community, daughters are entirely excluded from inheriting landed property and hold only a right to maintenance.
  • The Defendants’ Claim: The defendants contended that because Ledura had no children of his own, he adopted Punai (his niece’s husband) into the household as a ghardamad. They further relied on an executed deed dated February 27, 1975, which purportedly partitioned the ancestral holdings between Budhain and Ledura.
  • The Litigation Path: The Civil Court and First Appellate Court concurrently ruled in favor of the defendants, establishing that Punai had acquired the status of a ghardamad. In a second appeal, the Jharkhand High Court affirmed these decrees, concluding that since there was no explicit customary bar against an uncle-in-law adopting a ghardamad, the concurrent findings required no interference.

2. Primary Legal Issues Formulated

The Supreme Court evaluated the following key questions:

  1. What is the scope of the Supreme Court’s power under Article 136 to overturn concurrent findings of fact in civil matters?
  2. Upon whom does the burden of proof lie when asserting a distinct tribal custom, and what constitutes valid proof under Section 48 of the Indian Evidence Act?
  3. Whether an uncle-in-law can validly adopt his niece’s husband as a ghardamad to alter the general line of agnatic succession?
  4. What is the legal effect of a partition deed or lease deed executed by a party who lacks a pre-existing title or share in the property?

3. Legal Analysis and Ratio Decidendi

A. Exceptions to the Rule Against Interfering with Concurrent Findings

The Court observed that while it generally refrains from unsettling concurrent findings of fact, Article 136 serves as a plenary power to prevent a miscarriage of justice. Citing landmark rulings such as Srinivas Ram Kumar (1951), Mithilesh Kumari (1989), and Ramachandran v. Vijayan (2024), the Bench listed explicit scenarios that justify judicial intervention:

  • When the findings are entirely divorced from the evidence or ignore material facts.
  • When the conclusions do not emanate logically from the pleadings.
  • When the reasoning runs contrary to law, is fundamentally perverse, or shocks the conscience of the court.

The Court criticized the High Court for failing to meaningfully answer the formulated substantial question of law regarding the uncle’s capacity to adopt, noting that a second appeal under Section 100 CPC cannot be dismissed purely on the mechanical basis of “concurrent findings” without checking the structural soundness of the lower court’s reasoning.

B. The Strict Standard of Proof for Customary Law

The Court referenced foundational treatises (Halsbury’s Laws of England) and its own historical precedents to reiterate the essential attributes of a legally binding custom: it must be immemorial, continuous, reasonable, and certain. Under Section 48 of the Indian Evidence Act, 1872, the burden rests squarely on the party asserting the custom to prove it via the opinions of persons likely to know of its existence.

Upon reviewing the evidence, the Court found the defense witnesses to be deeply inconsistent. While some claimed a daughter could inherit via a written instrument, others directly contradicted this statement. The Court held that a binding custom cannot be established on the basis of a single witness’s testimony or conflicting evidence.

C. The Legal Scope of “Ghardamad” and the Rule of Agnatic Succession

The Trial Court had placed heavy reliance on the scholarly work of S.C. Roy (The Oraon of Chotanagpur), which notes that an Oraon landowner without sons may take a prospective son-in-law (ghardamad) into his house to continue the family line, allowing him to inherit Rajhas lands under specific conditions.

However, the Supreme Court pointed out that the lower courts completely misdirected themselves on the facts. The text states that a ghardamad must be adopted by the last male owner (or his widow). Punai was the husband of Bhoula’s daughter, yet the defendants claimed he was adopted as a ghardamad by the uncle, Ledura. The Court held it was never established that an uncle-in-law can adopt his niece’s husband as a ghardamad under Oraon customary law. In the absence of a validly adopted ghardamad by the direct landowner, the authoritative custom dictates that the property must pass to the nearest male agnate. Since the plaintiff was the sole surviving male descendant through the male line, his title was absolute.

D. Invalidity of the 1975 Deed

Addressing the February 1975 document, which the lower courts interchangeably described as a “lease” or a “partition deed,” the Supreme Court applied settled property principles. A partition deed is legally valid only if it is executed between parties who hold pre-existing shares in the property. Because Budhain had no legal title or share in Ledura’s estate under tribal law, a partition between them was non est (legally non-existent). Furthermore, a lease deed merely creates a leasehold interest and cannot independently confer title or absolute ownership. Thus, the document was entirely irrelevant to the determination of title.

4. Conclusion and Final Order

  • Appeal Allowed: The Supreme Court allowed the civil appeal and set aside the judgment of the Jharkhand High Court dated June 10, 2024, along with the underlying appellate and trial court decrees[cite: 20].
  • Plaintiff’s Suit Decreed: The suit filed by the original plaintiff is fully decreed, declaring his absolute ownership over the suit property[cite: 20]. All consequential revenue modifications and title rectifications must follow[cite: 20].

2026 INSC 672

BejlaOraon V. Kali Das Oraon&Ors.(D.O.J. 09.07.2026)

2026 INSC 672 click here to view full text of judgment

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Bribes Carry No Immunity: Inapplicability of Section 17A Prior Approval to Demands for Illegal Gratification

This appeal arose from a judgment of the Rajasthan High Court which dismissed the appellant’s criminal revision petition challenging the framing of charges under Section 7 of the Prevention of Corruption Act, 1988 (PC Act). The appellant, a police constable, was accused of demanding a bribe of Rs. 1.5 lakhs on behalf of a Superintendent of Police. The primary contention raised by the appellant was that the inquiry and investigation were vitiated for want of prior approval under Section 17A of the PC Act.

The Supreme Court dismissed the appeal and upheld the concurrent orders of the High Court and the Trial Court. The Court held that Section 17A of the PC Act—which mandates prior approval before investigating a public servant—applies strictly to recommendations made or decisions taken in the discharge of official functions or duties, and by no stretch of imagination can it be extended to cases involving the demand or acceptance of illegal gratification, which are pure criminal acts unrelated to official duties.

Summary of the Judgment

  • Scope and Intent of Section 17A of the PC Act:
    • Section 17A prohibits police officers from conducting inquiries or investigations into offences alleged against a public servant where the offence is relatable to any recommendation made or decision taken in discharge of official functions or duties, without prior approval from the competent authority.
    • The provision is designed to protect public servants from malicious interference in bona fide administrative or quasi-judicial decision-making, but it does not provide an omnibus protective umbrella or blanket immunity for criminal misconduct.
  • Exclusion of Bribery and Illegal Gratification:
    • Criminal acts such as misappropriation, cheating, criminal breach of trust, and receiving bribes or demanding illegal gratification are completely foreign to the discharge of official duties.
    • Reaffirming precedents like Central Bureau of Investigation v. Santosh Karnani and Anil Daima v. State of Rajasthan, the Court reiterated that demanding a bribe is a pure criminal act that has no linkage with official recommendations or decisions, thereby rendering Section 17A completely inapplicable.
  • Validity of Prosecution Sanction:
    • The record indicated that valid prosecution sanction under Section 19 of the PC Act had been duly granted prior to the taking of cognizance. The Court noted that even if any procedural irregularity were claimed regarding sanction timing, it would not vitiate the trial on merits.
  • Final Outcome:
    • The Supreme Court dismissed the appeal, holding that the lack of prior approval under Section 17A did not vitiate the proceedings because the provision was never attracted to allegations of bribery.

2026 INSC 1147

Tejaram v. State of Rajasthan (D.O.J. 16.10.2026)

2026 INSC 1147 click here to view full text of judgment

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Protection of Water Bodies vs. Bona Fide Flat Buyers: Balancing State Resumption with Equitable Relief

These civil appeals arose from orders passed by the Madras High Court which dismissed challenges against the Commissioner of Land Administration’s order setting aside a fraudulently granted ryotwari patta over a water body (Kanakkan Pillai Kuttai) and ordering the demolition of residential apartments built thereon. The land in question (Survey No. 572, Thirumullaivoyal Village) was historically classified in revenue records as Government Poramboke (tank/water body). Despite Section 14-A of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948, which strictly prohibits ryotwari pattas on private tanks or ooranis, a District Revenue Officer illegally granted a patta in 2011, leading to commercial subdivision, bank mortgaging, and construction of residential flats sold to innocent buyers.

The Supreme Court dismissed the appeals, affirming that public water bodies vest in the State free from encumbrances and cannot be converted into ryoti land or alienated. However, taking cognizance of the plight of innocent flat buyers who purchased properties backed by municipal approvals and revenue mutations, the Supreme Court invoked equitable measures, directing the Chief Secretary and District Collector to allot a vacant, commensurate site to the flat owners within six months before proceeding with the demolition of the 0.22-acre constructed area.

  • Non-Ryoti Nature of Water Bodies and Section 14-A:
    • Beds and bunds of tanks, channels, and communal poramboke lands do not constitute “ryoti land” under Section 3(16) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948.
    • Section 14-A of the Act explicitly prohibits the grant of ryotwari pattas for private tanks or ooranis and mandates the cancellation of any patta erroneously or mistakenly issued over such water bodies.
    • Historical revenue records (such as the 1911 RSR Register) take precedence, and municipal zoning notifications (such as “Mixed Residential Zone” under the Town and Country Planning Act) cannot efface the statutory character of public water bodies or transfer ownership.
  • Administrative Fraud and Unauthorized Patta:
    • The 2011 order granting a ryotwari patta was marred by fabricated file numbers, absent jurisdictional reports, and clear administrative malpractices, justifying its annulment by the Commissioner of Land Administration.
  • Protection of Bona Fide Flat Buyers and Equitable Relief:
    • While upholding the state’s power to reclaim water bodies and dismissing the appeals, the Court severely criticized state authorities and municipal bodies whose flawed revenue alterations and building approvals misled innocent purchasers.
    • To prevent severe financial injury and homelessness for families who purchased flats in good faith, the Supreme Court directed the Chief Secretary of Tamil Nadu and the District Collector of Tiruvallur to allot a vacant, commensurate alternative site to the flat owners’ association within six months prior to the demolition of the 0.22-acre construction.
  • Remedies and Final Outcome:
    • The civil appeals filed by the flat buyer and the mortgagee bank were dismissed.
    • The flat owners and the bank were granted liberty to pursue independent civil and criminal remedies for compensation against the developer, landowner, and mortgagor.
    • The State Government was granted freedom to conclude disciplinary and criminal proceedings against erring officials complicit in the fraudulent patta grant.

2026 INSC 1146

S. Gururaj v. The Additional Chief Secretary/Commissioner of Land Administration and Others (D.O.J. 16.10.2026)

2026 INSC 1146 click here to view full text of judgment

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Enhancing Compensation for Severe Motor Accident Disabilities

These civil appeals arose from a common judgment of the Kerala High Court modifying a Motor Accident Claims Tribunal award concerning a severe accident on October 22, 2016, involving two scooter riders. The first appellant (Sunil Kumar, a pillion rider) suffered debilitating head injuries resulting in total dependency, while the second appellant (Sreejith K.S., the driver) suffered multiple fractures and nerve injuries affecting his arm. Dissatisfied with the extent of enhancement granted by the High Court, both claimants approached the Supreme Court.

The Supreme Court allowed the appeals and substantially enhanced the compensation for both appellants. The Court held that when injuries cause cognitive dysfunction or total loss of earning capacity, assessment must shift from strict medical disability percentages to 100% functional disability. Furthermore, the Court established that future attendant/bystander charges for lifelong care must be calculated using the multiplier method, and recognized additional compensation for loss of marriage prospects in young injured claimants.

  • Functional Disability vs. Medical Disability:
    • Reaffirming principles from Shankar Dutt and Jithendran, the Supreme Court emphasized that courts must evaluate the real-world impact of injuries on an individual’s earning capacity and daily life rather than relying solely on medical board percentages.
    • For the first appellant (pillion rider), despite a 75.5% medical disability certificate, his severe head and brain injuries rendered him totally dependent for life, justifying a 100% functional disability For the second appellant (driver), functional disability was assessed at 80% due to permanent impairment of his arm.
  • Multiplier Method for Attendant/Bystander Charges:
    • Rejecting inadequate lump-sum bystander awards, the Court ruled that lifelong attendant charges must be factored using the multiplier method (matching the appropriate multiplier for the claimant’s age), as it effectively accounts for inflation, wage growth, and longevity.
  • Loss of Marriage Prospects:
    • Recognizing that the second appellant was an energetic 22-year-old youth at the time of the accident, the Court awarded 5,00,000/- specifically under the head of loss of future prospects of marriage, following the precedent in Raj Kumar v. Ajay Kumar.
  • Future Medical Expenses:
    • The Court upheld and reasonably scaled up future medical expenses to 10,00,000/- for the first appellant and Rs. 8,00,000/- for the second appellant to cover continuous long-term medical care.
  • Final Compensation and Directions:
    • First Appellant (Sunil Kumar): Total compensation was enhanced to 77,84,394/-, resulting in an additional payable amount of Rs. 41,61,750/-.
    • Second Appellant (Sreejith K.S.): Total compensation was enhanced to 69,60,880/-, resulting in an additional payable amount of Rs. 41,90,216/-.
    • The insurance company was directed to deposit the enhanced amounts with 5% interest per annum from the date of the claim petition within 6 weeks for direct bank transfer by the Tribunal.
2026 INSC 1145
Sunil Kumar (Totally Disable Rep. by Wife) v. IFFCO Tokio General Insurance Company Ltd. (D.O.J. 15.10.2026)

2026 INSC 1145 click here to view full text of judgment

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Guardianship vs. Usurpation: Striking Down Illegal Gifts of Temple Inam Land to the State

These appeals, filed by devotees of the Nagapalayam Mariamman-Ponnachiamman Temple, challenged the Madras High Court’s dismissal of a writ petition concerning the alienation of temple property. A temporary trustee of the temple had executed a gift deed on August 30, 2017, transferring 1 acre and 10 cents of temple inam land to the Government of Tamil Nadu for the construction of a Taluk Office. The Supreme Court allowed the appeals, set aside the High Court’s order, and declared the gift deed null and void. The Court held that the State, acting as a statutory custodian under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, cannot accept gifts of temple property or convert its role as a protector into a beneficiary. Although the Court declined to demolish the Taluk Office building constructed with public funds, it ordered the State to pay a revised monthly lease rent with arrears and penalized the State with costs for defending an unlawful transaction.

  • Character of Temple Property and Statutory Bar:
    • The subject land was an inam land granted for the support and maintenance of the deity under Inam Title Deed No. 388.
    • Under Section 41(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (1959 Act), a gift of an inam property is expressly declared null and void, and unlike other transactions, the statute consciously withholds any possibility of subsequent validation or sanction for a gift.
    • Registration of the gift deed was also barred under Section 22-A of the Registration Act, 1908.
  • Fiduciary Duty of Trustees and Role of the State:
    • Trustees (whether permanent or temporary) are bound by Sections 27 and 28 of the 1959 Act to manage temple assets with ordinary prudence and fidelity; a gratuitous gift confers no benefit on the institution and violates their fiduciary duty.
    • The State is a statutory custodian and regulator of religious properties, not an owner; accepting a gift of temple land under the guise of administrative convenience or public purpose offends the 1959 Act.
  • Condemnation of State Conduct:
    • The Supreme Court strongly criticized the State Government for aggressively defending the invalid gift deed across judicial forums for years and only conceding its illegality after being specifically directed by the Supreme Court.
  • Equitable Relief and Lease Arrangements:
    • Because a public Taluk Office building had already been constructed on the land using public funds, the Court refused to annul the lease entirely.
    • However, applying the formula established by the Fair Rent Committee and government orders based on local market values (Rs. 167/- per sq. ft.), the Supreme Court enhanced and rounded off the monthly lease rent to 31,000/- per month, payable with arrears from March 8, 2019, to be revised every three years under Section 34-A.
  • Final Directions and Costs:
    • The Supreme Court set aside the High Court’s order, declared the gift deed void, ordered the State to pay arrears of rent within three months, and imposed costs of Rs. 1,00,000/- on the State payable to the Temple.

2026 INSC 1144

K. Ramalingam and Others v. Government of Tamil Nadu Rep. by its Secretary and Others (D.O.J. 16.10.2026)

2026 INSC 1144 click here to view full text of judgment

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