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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Balia Majhi – Appellant
Versus
Chando Majhi – Respondent
| Table of Content |
|---|
| 1. title and possession of ancestral land. (Para 2 , 3 , 4 , 5) |
| 2. defendants deny plaintiffs' claim. (Para 6) |
| 3. issues for adjudication outlined. (Para 7) |
| 4. trial court findings on property partition. (Para 8) |
| 5. points from appellate court for consideration. (Para 9) |
| 6. appellate court denies appellant's claims. (Para 10) |
| 7. arguments on customary law and inheritance. (Para 11 , 12) |
| 8. plaintiffs reaffirm their claims. (Para 13) |
| 9. court analyzes customary inheritance law. (Para 14) |
| 10. final ruling on the appeal. (Para 15 , 16 , 17) |
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
1. Heard the arguments of learned counsel for the appellants and learned counsel for the respondents.
2. The instant second civil appeal is preferred being aggrieved and dissatisfied with the judgment and decree dated 23.12.2002 (decree signed on 06.01.2003) passed by learned First Additional District Judge, Seraikella, Kharsawan in Title Appeal No.7 of 1996, whereby and whereunder the judgment and decree passed by Sub-ordinate Judge-II, Saraikella in Title Suit No.04 of 1991 has been upheld and confirmed and the appeal preferred by the appellants/defendants is dismissed on contest with cost.
3. The plainti
The court affirmed that, under Santhal customary law, inheritance rights apply equally to all sons born from different wives, prioritizing nearest agnates over distant kindred in property claims.
The burden of proof for establishing a custom rests on the party asserting it, and clear and unambiguous evidence is required to prove the custom. The court emphasized the need for continuity, certai....
(1) Revenue records are not documents of title, but they are evidence of possession. (2) Succession—Customs are not fossilized structures, nor are they etched on stone but are living organism rooted ....
Custom – Custom evolves by conduct – Customs too, like law, cannot remain stuck in time and others cannot be allowed to take refuge in customs or hide behind them to deprive others of their right.
(1) Among Santals, succession law is Hindu Law and not Customary Law.(2) Suit for declaration of title and recovery of possession cannot be maintained in respect to joint and undivided property witho....
A Devadasi, under customary law, is entitled to inherit property as if she were a son, validating the plaintiff's claim for half share in estate.
Co-owners of property cannot seek exclusive title or recovery of possession without partitioning the property, reaffirming shared ownership under Hindu law.
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