The Jharkhand High Court has refused to enforce an alleged Munda custom excluding daughters and widows from inheritance because the asserted rule was not proved.
The court said a custom departing from general law must be shown to be ancient, uniform, certain, continuous and compulsory. The evidence in the land-compensation dispute did not establish those requirements.
The opposing side also failed to prove that the Hindu Succession Act governed the parties. The bench therefore applied justice, equity and good conscience rather than accepting an unverified discriminatory custom.
It upheld Daho Devi’s half share in the property and the quarter share of Mohan Munda, now represented by his legal heirs. The appeal was dismissed in the judgment pronounced on October 5, 2026.