
Case Law Analysis
|Gauhati High Court
Indian Succession Act, 1925 Section 372 | Voidable Marriage Without Annulment Does Not Bar Succession Certificate, But Burden of Proof Lies on Claimant : Gauhati HC
The Gauhati High Court ruled that a marriage contracted with a minor remains valid unless annulled, but the claimant must prove the marriage’s validity to claim succession rights under the Indian Succession Act. Failure to establish prior marriage-regardless of minor status at union-disqualifies inheritance claims, reinforcing that succession certificates hinge on documented marital legitimacy, not mere cohabitation.