Hindu Succession Act Will Not Come In Way Of Inheritance By Tribal Women: Madras High Court

Case: Saravanan and another v. Semmayee and others

Coram: Justice SM Subramaniam

Case No.: A.S.No.905 of 2018

Court Observation: Nothing has been shown about the custom and practice prevailing in the community, where the parties to the lis on hand belong. But the tribal women are deprived of adopting the Hindu Succession Act. Therefore, Sub Section (2) of Section 2 of the Hindu Succession Act 1956, 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.

However, the Government of Tamil Nadu shall 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 the tribal women in the state of Tamil Nadu

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