AIROnline 2025 SC 588

Supreme Court Of India

(From : ILR 2022 Chh 1886 (CHH))

Hon'ble Judge(s): Sanjay Karol, Joymalya Bagchi , JJ

(A) Central Provinces Laws Act (20 of 1875) , S.6— Repealed enactment - Applicability - Central Provinces Laws Act, 1875 - High Court had held that since Central Provinces Laws Act, 1875 was repealed in 2018, same could not be applied to present case of claim for partition of maternal grandfather's property by heirs of woman belonging to Scheduled Tribe - S. 4 of Repeal Act of 2018 Act provides that no right having been accrued prior to the repeal of the Act shall be affected - Parties not being governed by Hindu or Muslim laws would be covered by S. 6 of the 1875 Act - Right in favour of plaintiffs' mother had crystallized upon death of her father, which was approximately 30 years before filing of plaint - Act ought to have been applied. ILR 2022 Chh 1886 (CHH)-Reversed (Para 17 18) (B) Central Provinces Laws Act (20 of 1875) , S.6— Constitution of India , Art.014— Succession -.Rights of female heirs - Plaintiffs legal heirs of woman belonging to Scheduled Tribe sought partition of property belonging to their maternal grandfather - Suit was dismissed on ground that plaintiffs failed to establish that children of female heir were also entitled to property - Neither any particular law of a community nor custom cou....