‘Female tribal entitled to parity with male in intestate succession’: SC asks Center to amend law

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NEW DELHI: The Supreme Courtroom on Friday directed the Central authorities to think about amending the provisions of the Hindu Succession Act to make it relevant to the members of the Scheduled Tribes, saying {that a} feminine is entitled to parity with a male tribal in intestate succession.

A bench of Justices MR Shah and Krishan Murari mentioned: “When the daughter belonging to the non-tribal is entitled to the equal share in the property of the father, there is no reason to deny such right to the daughter of the tribal community. Female tribal is entitled to parity with male tribal in intestate succession.”

Emphasizing that it’s dangerous legislation after a interval of 70 years of the Structure, below which proper to equality is assured, the bench mentioned the Central authorities ought to look into the matter relating to the denial of equal proper to the daughter belonging to the tribal.

“If required, to amend the provisions of the Hindu Succession Act by which the Hindu Succession Act is not made applicable to the members of the Scheduled Tribes,” it mentioned.

As per Section 2(2) of the Hindu Succession Act, this legislation is to not be relevant to members of the Scheduled Tribes. However the bench mentioned: “There cannot be any justification to deny the right of survivorship (a right of a person to property on the death of another having a joint interest) so far as the female member of the tribal is concerned.”

“It is directed to examine the question by the Central Government to consider it just and necessary to withdraw the exemptions provided under the Hindu Succession Act in so far as the applicability of the provisions of the Hindu Succession Act to the Scheduled Tribes and whether to bring a suitable amendment or not,” it mentioned.

The bench additional added that the court docket hopes and trusts the Central Authorities will look into the matter and take an applicable resolution taking into account the best to equality assured below Articles 14 and 21 of the Structure of India.

The highest court docket’s course got here in a judgment dismissing a plea whether or not a daughter, belonging to Scheduled Tribes, is entitled to the share within the compensation with respect to the land acquired on survivorship foundation below the provisions of the Hindu Succession Act.

The bench mentioned, “though on equity we may be with the appellant being daughter and more than approximately 70 years have passed after the enactment of the Hindu Succession Act and much water has flown thereafter and though we are prima facie of the opinion that not to grant the benefit of survivorship to the daughter in the property of the father can be said to be bad in law and cannot be justified in the present scenario, unless Section 2(2) of AA the Hindu Succession Act is amended, the parties being member of the Scheduled Tribes are governed by Section 2(2) of the Hindu Succession Act”.

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