Gujarat HC Seeks Centre’s Notification To Protect Tribal Women’s Inheritance Rights
Summarized by AI; it may make mistakes. Check important info
Summarized by AI; it may make mistakes. Check important info
The Gujarat High Court has observed that a notification from the Centre is necessary to protect the inheritance and property rights of women belonging to Scheduled Tribes, particularly in cases involving inherited property.
The observation was made in connection with a dispute over inherited property and the applicability of the Hindu Succession Act, 1956. The court said the matter required necessary action under Section 2(2) of the Act.
Court Seeks Action Under Hindu Succession Act
The High Court observed that there is a need for a clear legal framework regarding inheritance among Scheduled Tribes, particularly where traditional practices governing succession to property are followed.
The court directed the state government to take necessary steps and communicate the matter to the Centre for issuing an appropriate notification under Section 2(2) of the Hindu Succession Act.
The court noted that such a notification would provide greater clarity regarding the inheritance rights of tribal women.
Property Dispute Behind The Case
According to the case details mentioned in the report, Chhaniben’s husband Jivabhai owned agricultural land. After Jivabhai died without children, Chhaniben inherited the property and her name was entered in the revenue records.
Chhaniben subsequently executed a registered will on July 1, 1981, transferring the property to the respondent.
After Chhaniben died without children, her brother filed a case in 2002, seeking cancellation of the will and claiming ownership of the property.
The dispute eventually reached the Gujarat High Court after proceedings before the trial court.
Court Highlights Rights Of Tribal Women
The High Court observed that Scheduled Tribe women are entitled to equal shares in inherited property under the applicable legal framework.
It also noted that where a tribal woman inherits property from her husband and subsequently wishes to make a will, the issue of applicable customary practices and inheritance laws needs to be examined carefully.
The High Court dismissed the appeal filed by the brother and directed the state government to take the necessary steps before the Centre regarding the notification under Section 2(2) of the Hindu Succession Act.
