Court affirms that Hindu Succession Act, 1956 does not apply to Scheduled Tribes but tribal women can inherit and dispose of property through a Will if no custom prohibits it; appeal dismissed against concurrent lower court rulings.
In a significant judgment delivered on September 11, 2026, the Gujarat High Court has clarified the property rights of tribal women belonging to Scheduled Tribes, particularly in cases where the Hindu Succession Act, 1956 does not apply. The court ruled that in the absence of any proven custom restricting a tribal woman from disposing of her property, she is entitled to do so by executing a valid Will.
The case, Ranchhodbhai Jesingbhai (deceased) through his heirs and legal representatives versus Anchhibhai Kavjibhai Chaudhari (deceased) through his heirs and legal representatives, pertained to a dispute over agricultural land inherited by a tribal woman, Chhaniben, from her husband, Jivlabhai. The plaintiff, being the brother of the deceased woman, contested the validity of a Will executed by Chhaniben in favor of the defendant, claiming a right to the property as the sole legal heir under the rule of survivorship.
The trial court had disbelieved the plaintiff's claim that the Will dated July 24, 1972, in favor of the plaintiff's son existed, as no evidence was produced. Instead, the court accepted the registered Will dated July 1, 1991, executed by Chhaniben in favor of the defendant. It held that since the plaintiff failed to prove any custom restricting the woman's right to dispose of property, and considering the brother-in-law of the deceased woman was alive at the time of her death, the property passed to the next heir of the male from whom she inherited it, in line with old Hindu law principles.
The appellate court confirmed the trial court's findings, relying on Sections 14 to 16 and 30 of the Hindu Succession Act, 1956, but also noting that the Act does not apply to Scheduled Tribes under Section 2(2). The plaintiff challenged this, arguing that the courts erred by applying Hindu law to a Scheduled Tribe and that the suit properties were restricted-tenure lands under Section 73AA of the Gujarat Land Revenue Code, 1879, which barred transfer by Will.
However, the Gujarat High Court, in its detailed judgment, observed that while the Hindu Succession Act excludes Scheduled Tribes, in the absence of any custom prohibiting a tribal woman from inheriting or disposing of property, courts must apply principles of justice, equity, and good conscience. The court found no evidence that any custom prevented Chhaniben from executing the Will. It also noted that the plaintiff failed to initiate any revenue proceedings challenging the mutation of the defendant's name in the land records, which was done on the strength of the Will.
The court relied on a recent Supreme Court judgment in Ram Charan & Ors. v. Sukhram & Ors. (AIR 2025 SC 2363), which emphasized that tribal women are entitled to equal property rights in the absence of any restrictive custom and that denying inheritance rights on the basis of gender or tribal custom without proof violates constitutional guarantees of equality under Articles 14 and 15.
The Gujarat High Court dismissed the second appeal filed by the plaintiff, upholding the concurrent factual findings of the lower courts. It held that mere erroneous findings of fact do not constitute substantial questions of law warranting interference under Section 100 of the Civil Procedure Code. The court further urged the State Government to seek a notification from the Central Government under Section 2(2) of the Hindu Succession Act to clarify property rights of tribal women and prevent such disputes in the future.
This judgment reinforces the principle that tribal women, unless explicitly restricted by custom, have the right to inherit and dispose of property, aligning tribal property law with constitutional mandates of gender equality and justice.
Bottom Line:
The non-applicability of the Hindu Succession Act, 1956 to Scheduled Tribes does not preclude tribal women from inheriting or disposing of property in the absence of a proven custom restricting such rights.
Statutory provision(s):
Hindu Succession Act, 1956 Section 2(2), Sections 14-16, 30; Civil Procedure Code, 1908 Section 100; Gujarat Land Revenue Code, 1879 Section 73AA
Ranchhodbhai Jesingbhai v. Anchhibhai Kavjibhai Chaudhari, (Gujarat) : Law Finder Doc Id # 2977682
