Proving Customary Inheritance and the Limits of Interfering with Concurrent Findings of Fact

sketch of the Supreme Court of India
Case
BEJLA ORAON v. KALI DAS ORAON (Supreme Court of India, 09-07-2026)
Law
Code of Civil Procedure, Constitution of India, Indian Evidence Act.

Highlights of the Judgment:

  • Analysis of the burden of proof required to establish a binding customary law under the Indian Evidence Act, 1872.
  • The essential attributes of a valid custom, including certainty, reasonableness, and continuous usage.
  • Scope of the Supreme Court's power under Article 136 of the Constitution to interfere with concurrent findings of fact.
  • Interpretation of Section 100 of the Code of Civil Procedure, 1908, regarding the adjudication of substantial questions of law.
  • Application of Oraon customary inheritance rules concerning the status of a ghardamad (resident son-in-law) and male agnates.
  • The legal distinction between partition deeds and lease deeds in conferring title over ancestral property.