RAM CHARAN & ORS. versus SUKHRAM & ORS.

RAM CHARAN & ORS. versus SUKHRAM & ORS.

In the absence of any proved custom or law denying succession to female members of the Scheduled Tribe, the courts must apply the principles of justice, equity and good conscience (s.6, Central Provinces Laws Act, 1875) and Article 14; consequently the legal heirs of the deceased tribal woman (Dhaiya) are entitled to an equal share in the ancestral property, and accrued rights are not defeated by the subsequent repeal of the 1875 Act.

Parties
Appellant: Ram Charan & Ors.; Respondent: Sukhram & Ors.
Jurisdiction
India
Judgment Date
17 July 2025
Procedural Posture
Civil Appeal / Judgment on Appeal to the Supreme Court (civil Appeal No. 9537 of 2025)
Outcome
Appeal allowed
Legal Topics
Inheritance of Tribal Woman to Ancestral Property, Application of Custom in Succession, Principles of Justice, Equity and Good Conscience (s.6 Central Provinces Laws Act, 1875), Article 14 Equality and Gender Discrimination, Effect of Repeal on Accrued Rights
Succession Constitutional Law Customary Law Property Law Inheritance of Tribal Woman to Ancestral Property Application of Custom in Succession Principles of Justice, Equity and Good Conscience (s.6 Central Provinces Laws Act, 1875) Article 14 Equality and Gender Discrimination +1 more

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Parties

Ram Charan & Ors.

Appellant

Sukhram & Ors.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal to the Supreme Court (civil Appeal No. 9537 of 2025)

Legal Issues

  1. 1 Whether a tribal woman or her legal heirs are entitled to an equal share in her ancestral property
  2. 2 Whether absence of proved custom excluding female succession requires application of justice, equity and good conscience
  3. 3 Whether repeal of the Central Provinces Laws Act, 1875 affects rights accrued before repeal

Ratio Decidendi

In the absence of any proved custom or law denying succession to female members of the Scheduled Tribe, the courts must apply the principles of justice, equity and good conscience (s.6, Central Provinces Laws Act, 1875) and Article 14; consequently the legal heirs of the deceased tribal woman (Dhaiya) are entitled to an equal share in the ancestral property, and accrued rights are not defeated by the subsequent repeal of the 1875 Act.

Court Disposition

Appeal allowed

Orders

  • Judgments of the High Court and the courts below set aside to the extent of denying share to the appellant-plaintiffs
  • Appellant-plaintiffs (legal heirs of Dhaiya) declared entitled to their equal share in the property