AIROnline 2024 SC 832

Supreme Court Of India

(From : AIROnline 2019 Chh 2208)

Hon'ble Judge(s): C. T. Ravikumar, Sanjay Karol , JJ

Hindu Succession Act (30 of 1956) , S.2(2)— Constitution of India , Art.342, Art.366— Central Provinces Laws Act (20 of 1875) , S.6, S.5— Succession - Rights of female tribals - 'M' belonged to the Sawara tribe, a notified scheduled tribe within the meaning of Article 366(25)- Hindu Succession Act, 1956, does not apply to scheduled tribes - 'M' had passed away in 1951, prior to the enactment of HSA, 1956 - High Court rightly applied provisions of Central Provinces Laws Act, 1875 and more particularly Section 6 thereof which postulates application of principles of justice, equity and good conscience, to account for possibilities not covered by Section 5 of the Act - Judgment of High Court declaring daughters of 'M' and their successors-in-interest, to be entitled to half share in suit property was proper - Supreme Court reiterated recommendation to the Central Government to look into pathways to secure right of survivorship to female tribals AIROnline 2019 Chh 2208-Affirmed (Para 3 4 6 7 9) .....