TIRITH KUMAR & ORS. versus DADURAM & ORS.

TIRITH KUMAR & ORS. versus DADURAM & ORS.

The Hindu Succession Act, 1956 does not apply to members of Scheduled Tribes absent a Central Government notification under s.2(2); the parties were members of the notified Sawara tribe and no de-notification was produced, so the High Court correctly held HSA inapplicable and, because Mardan died in 1951 (prior to HSA, 1956), correctly applied Sections 5 and 6 of the Central Provinces Laws Act, 1875 and the principles of justice, equity and good conscience to grant a portion of the property to Mardan's daughters and their descendants; the Supreme Court dismissed the appeal.

Parties
Appellants: Tirith Kumar & Ors.; Respondents: Daduram & Ors.
Jurisdiction
India
Judgment Date
19 December 2024
Procedural Posture
Civil Appeal / Appeal to Supreme Court From High Court Judgment in Second Appeal No. 270 of 2003; Final Judgment of Supreme Court
Outcome
Appeal dismissed
Legal Topics
Application of the Hindu Succession Act, 1956 to Scheduled Tribes, Notified Scheduled Tribe (sawara), Justice, Equity and Good Conscience Under Central Provinces Laws Act, 1875, Right of Survivorship for Female Tribals
Hindu Law Succession Constitutional Law Tribal Law Application of the Hindu Succession Act, 1956 to Scheduled Tribes Notified Scheduled Tribe (sawara) Justice, Equity and Good Conscience Under Central Provinces Laws Act, 1875 Right of Survivorship for Female Tribals

Case Brief

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Parties

Tirith Kumar & Ors.

Appellants

Daduram & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal to Supreme Court From High Court Judgment in Second Appeal No. 270 of 2003; Final Judgment of Supreme Court

Legal Issues

  1. 1 Whether the Hindu Succession Act, 1956 applies to members of the Sawara tribe (a notified Scheduled Tribe)
  2. 2 Whether the parties are sufficiently hinduised and thereby governed by Hindu law for succession
  3. 3 Whether principles of justice, equity and good conscience under the Central Provinces Laws Act, 1875 apply to confer succession rights where statute is inapplicable or silent

Ratio Decidendi

The Hindu Succession Act, 1956 does not apply to members of Scheduled Tribes absent a Central Government notification under s.2(2); the parties were members of the notified Sawara tribe and no de-notification was produced, so the High Court correctly held HSA inapplicable and, because Mardan died in 1951 (prior to HSA, 1956), correctly applied Sections 5 and 6 of the Central Provinces Laws Act, 1875 and the principles of justice, equity and good conscience to grant a portion of the property to Mardan's daughters and their descendants; the Supreme Court dismissed the appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Pending applications, if any, disposed of