Hindu Succession Act Will Not Come In Way Of Inheritance By Tribal Women: Madras High Court

The Madras High Court has recently come to the support of tribal women in their struggle for equal succession rights. The court has noted that the Hindu Succession Law does not to exclude tribal women from its operation but only intends to positively include the customs.

The court added that mere non-issuance of the notification or its postponement cannot deprive tribal women from getting their right in the family property. Thus, Section 2(2) was not a complete bar.

Thus, Section 2(2) cannot be construed as a complete bar for invoking the provisions of the Hindu Succession Act. But it paves way for the Central Government to notify the tribal communities, who have already moved forward and whose primitive customs and practice are not prevailing amongst the community for inheritance.

The court was hearing an appeal challenging the orders of the Trial court wherein the trial court had invoked the provisions of the Hindu Succession Act and held that the tribal women are also entitled for an equal share in their family property on par with other male coparcenors.

On appeal, the appellant mainly contended that Section 2(2) of the Hindu Succession Act clearly excludes tribal women from the application of the Hindu Succession Act and thus the trial court had erroneously applied the law.

The respondents however contended that since the appellants failed to establish the custom and practice prevailing in the community to which they belong, they would be governed by the Hindu Succession Act. Thus, the trial court was right in relying upon the law. It was also contended that tribal women cannot be deprived or denied of an equal share on par with other female Hindus in the state as the same would amount to unconstitutionality and discrimination.

The court, after establishing that the parties belonged to notified tribal community, went on to examine the customs and practices which prevailed within their community for the purpose of applying the exclusion clause contained in Section 2(2). When there was no established custom and practice, the provisions of the Act will come into effect.

The court also observed that the legislature did not intend for any inequality or unconstitutionality and its intention was only to protect the customs and practices strongly prevailing amongst the community. Thus, a golden interpretation of the legislature had to be adopted and not a negative interpretation depriving women from getting an equal share.

Also Read- Scheduled Tribe Women Not Entitled To Any 'Right Of Survivorship' Under Hindu Succession Act: Supreme Court Urges Centre To Bring Suitable Amendment

Case Title: Saravanan and another v. Semmayee and others

Citation: 2023 LiveLaw (Mad) 80