How Can Tribal Women’s Property Rights Be Protected? Gujarat HC Seeks Central Notification Under HSA

Case Title: RANCHHODBHAI JESINGBHAI SINCE DEAD THROUGH HIS HEIRS AND LRS & ORS. v/s ANCHHIBHAI KAVJIBHAI CHAUDHARI SINCE DEAD THROUGH HIS HEIRS AND LRS & ORS

Case No.: R/SECOND APPEAL NO. 500 of 2026

Coram: Justice Maulik J Shelat

Court Observation

“Before parting with the matter, I deem it necessary to observe that, in order to prevent such type of disputes and conflicting claims arising upon the death of a member of a Scheduled Tribe, it is imperative that the State Government initiate necessary steps for the issuance of an appropriate notification by the Central Government under Section 2(2) of the Hindu Succession Act, 1956. Such a measure is essential to protect the equal property rights of tribal women and to provide a clear framework for the devolution of property of those dying intestate within the State especially those tribe which are profess Hindu traditions. The Registry shall send a copy of this judgment to the Office of the Government Pleader, High Court of Gujarat, which, in turn, shall send it to the concerned Department of the State of Gujarat for onward action, as suggested supra, if they so desire”.

“Scheduled Tribe woman is entitled to inherit an equal share in the property of her ancestor who died intestate. Applying the aforesaid principle to the facts of the case, no gross error of law can be found in the finding of the fact recorded by the Courts below that Chhaniben inherited the suit property from her husband. Rather, it can be safely held that, once Chhaniben inherited the suit property from her husband, it became her self-acquired property. In such circumstances, she was not prohibited from executing the Will, inasmuch as no such custom was brought to the notice of the Courts below and/or this Court by the plaintiff, whereby she was prohibited to execute the Will of her property. Apart from the aforesaid, it is an undisputed fact that the suit properties were originally acquired by Chhaniben’s husband and Chhaniben, being the wife of Jivlabhai, inherited that properties, and both died issueless. In such a situation, the disposition of her property would be through execution of a Will or by the rule of survivorship if any prevailed as per their custom which also prevented her from executing the Will,”

How Can Tribal Women’s Property Rights Be Protected? Gujarat HC Seeks Central Notification Under HSA