Bombay HC granted relief to an uneducated woman in an inheritance claim where it was difficult to prove her maiden name

The Bombay High Court in the recent matter of Indubai Jaydeo Pawar and Anr. v. Draupda granted relief to an 80-year-old uneducated woman claiming inheritance in her father's property who was having difficulty in proving her maiden name. In the instant matter, Jubeda Papabhai Imandar claims to be the daughter of one Hussainbhai Mulani who is the son of one Babunbhai Mulani.

In her plea, Jubeda Papabhai claims that the agreement between her cousins with respect to the ancestral property should be held void to the extent of her share. However, this plea was rejected by the District Judge and Civil Judge, Senior Division Pune.

Both district judge and the civil judge has refused to accept that Jubeda Papabhai is the daughter of Hussainbhai Mulani on the basis of the prima facie evidence. The aggrieved petitioner then filed a petition before this Hon'ble court.

Justice Mridula Bhatkar had set aside the orders passed by these two courts who refused to accept her claim.

Petitioner claimed that Shamshuddin Pappubhai Mulani, the main contesting party in the matter has got only his name mutated in the revenue record. She also asserted that Hussainbhai Mulani's death certificate was in her possession. Further, in fact in Jubeda's wedding invitation Hussainbhai's name was mentioned as her father. She also placed certain affidavits on record by her cousin who supported her that she was the daughter of Hussainbhai.

The court held that “ The learned trial court and the appellate ought to have taken into account the practical difficulty of uneducated married women, to prove her maiden name in the absence of documents. However, prior to 60 to 80 years ago, if the female has not taken formal education in the school, then it was difficult to get proof of her maiden name. The trial court ought to have taken into account that prior 60- 70 years, all the girls were not sent to the school. Some girls were deprived of education, as it was dependant on class, community and also religion. It is difficult for an uneducated old married woman to prove the fact of the name of her natural father, as the name of the woman is changed after marriage due to the patriarchal system in our society.”

Hence, the court held in the favour of the petitioner and observed that there it is extremely difficult for uneducated women to prove her genealogy and such heavy burden to prove this fact is not to be cast on her. The court also directed the defendants not to create any third party rights.