Calcutta High Court affirms that unchallenged public documents issued during the deceased’s lifetime create prima facie proof of matrimonial status for inheritance; binding on subordinate courts.
Summary
| Category | Data |
|---|---|
| Case Name | FAT/192/2025 of JAIRUN BIBI AND ORS Vs AMINA BIBI AND ORS |
| CNR | WBCHCA0182912025 |
| Decision Date | 26-08-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | Hon’ble Justice Soumen Sen; Hon’ble Justice Apurba Sinha Ray |
| Court | Calcutta High Court |
| Bench | Single Bench (Hon’ble Justice Soumen Sen and Hon’ble Justice Apurba Sinha Ray) |
| Precedent Value | Binding |
| Overrules / Affirms | Affirms |
| Type of Law | Succession and Inheritance Law |
| Questions of Law | Whether statutory documents issued during the deceased’s lifetime suffice to prove marriage and succession rights in absence of cross-examination? |
| Ratio Decidendi | The unchallenged statutory records—Exhibits 4, 4/1, 5, 6, 6/1, 6/2, 6/3, 6/4—issued during the lifetime of the deceased carry presumptive value under the Evidence Act. In absence of any cross-examination or contrary evidence, these documents establish prima facie proof of matrimonial relationship and consequent entitlement to succession, justifying dismissal of the appeal. |
| Facts as Summarised by the Court | A dispute arose among legal heirs of Rahamul Miya @ Sk. over property. Appellants denied that Amina Bibi was a wife. Trial court examined various statutory documents proving marriage. No cross-examination was conducted, and the court decreed succession in favour of Amina Bibi and her children. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts under the Calcutta High Court |
| Persuasive For | Other High Courts |
What’s New / What Lawyers Should Note
- Uncontested public documents issued by statutory authorities during a person’s lifetime are prima facie proof of marital status in inheritance disputes.
- Absence of cross-examination on such records equates to acceptance of their presumptive value.
- Mere denial of marriage by heirs, without rebuttal evidence, is insufficient to displace statutory records.
- Practitioners can cite this decision to uphold succession rights where public documents stand unchallenged.
Summary of Legal Reasoning
- Trial court admitted Exhibits 4, 4/1, 5, 6, 6/1, 6/2, 6/3, and 6/4—documents issued by statutory authorities during Rahamul’s lifetime.
- Noted absence of cross-examination or any contradictory evidence challenging those records.
- Applied the presumption under the Indian Evidence Act that unchallenged public documents are genuine and carry prima facie proof.
- Held that Amina Bibi and her children are entitled to succeed to Rahamul’s property.
- Found no merit in the appeal; decree upheld and appeal dismissed.
Arguments by the Parties
Petitioner (Appellants – Jairun Bibi & Ors.)
- Contended that Amina Bibi never married Rahamul Miya; hence she and her children have no succession rights.
Respondent (Amina Bibi & Ors.)
- Relied on multiple statutory records issued during Rahamul’s lifetime to prove matrimonial relationship.
- Emphasized that none of those documents were challenged by cross-examination.
Factual Background
After the death of Rahamul Miya @ Sk., his heirs from two marriages—first with Jairun Bibi, then with Amina Bibi—contested entitlement to his properties. Appellants denied the validity of the second marriage. The trial court admitted numerous public records as proof of Amina’s marital status and decreed succession in her favour. The High Court dismissed the appeal.
Statutory Analysis
- The court relied on the presumption under Sections 73–79 of the Indian Evidence Act regarding the genuineness and veracity of public documents.
- Held that records issued by competent authorities during the life of the person concerned attract presumptive proof, which stands unless effectively rebutted.
Alert Indicators
- ✔ Precedent Followed – Affirms established principle that unchallenged public documents are prima facie proof of the facts they record.