‘Equal share for tribal women in family property’
The appellants pitched against sharing the family property equally with their mother and sister after the death of their father, mainly on the ground that tribal women are “expressly excluded”
Published: 09th March 2023 06:02 AM | Last Updated: 09th March 2023 06:02 AM | A+A A-
Madras High Court (File photo)
CHENNAI: The Madras High Court has ruled that tribal women are entitled to equal share in the family property as per the Hindu Succession Act, 1956.
Justice SM Subramaniam gave the ruling while dismissing an appeal suit filed by Saravanan and Venkatachalam of Salem, challenging an order and decree of the Additional District Court, Salem, in favour of the plaintiff (women) who claimed equal share in the family property through a suit for partition.
The appellants pitched against sharing the family property equally with their mother and sister after the death of their father, mainly on the ground that tribal women are “expressly excluded” from the application of the provisions of the Section 2(2) of the Hindu Succession Act; and so, the trial court has erroneously applied the Act and the relief it granted is untenable. They also pointed out the custom in practice in their community does not provide for equal share for women in the family.
However, the judge held that nothing has been shown about the custom and practice prevailing in the community, where the parties to the lis on hand belonged to; and Section 2 (2) of the Act will not come in the way of inheritance of the property by the daughters belonging to the tribal area, where Hinduism and Buddhism are followed.
The judge insisted the Tamil Nadu government to initiate necessary steps for the purpose of issuing appropriate notification through Central government under Section 2(2) of the Hindu Succession Act 1956, to protect the equal property right of tribal women in the state.
