‘Ancestral Property’ Unknown to Muslim Law: Gujarat High Court Rejects Daughter’s Birthright Claim

‘Ancestral Property’ Unknown to Muslim Law: Gujarat High Court Rejects Daughter’s Birthright Claim

In Smt. Bhauri Devi v. At the Rajasthan High Court, Mahendra Kumar and Ors. dealt with a rare case of an old lady of 93 years old who had refused to acknowledge that a female had claimed herself to be heir in the ancestral property and was her daughter. The petitioner required DNA test to be conducted under the Order 26 Rule 10-A CPC to prove that she was a biological daughter of the deceased property owner. The trial court rejected the request under the privacy grounds. The justice Bipin Gupta noted that it was a rare case since the Indian Evidence Act,1872 (and the Bharatiya Sakshya Adhiniyam, 2023) offered a presumption in favour of paternity but not one in favour of maternity. The Court also suggested that DNA test is a desirable scientific evidence when it comes to ascertaining parentage and must be established in the case of determining right to inheritance. In order to protect the privacy and finding the truth, the Court ruled that one cannot undergo the test against his will but could forego the test and this could lead to an adverse presumption. The trial court order was reversed by the High Court and the DNA test was mandated.