Inheritance of No Loss: Gond Tribal Widow Following Hindu Customs Entitled to Inherit Husband's Property, Says HC
2 years, 4 months ago

Inheritance of No Loss: Gond Tribal Widow Following Hindu Customs Entitled to Inherit Husband's Property, Says HC

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In the absence of any evidence in a property suit to establish a custom that denied her the right, the Chhattisgarh High Court recently held that a Gond tribal woman was entitled to inherit succession in the property left by her dead husband as per the Hindu Succession Act. A bench of Justice Narendra Kumar Vyas observed: “Section 2 of the Hindu Succession Act only excludes members of the Scheduled Tribe from the application of the Act, however, in the present case, though the parties originally belong to the Gond community, they were Hindus as they followed Hindu traditions.” Therefore, the court held, “….widow is entitled to inherit succession as per Hindu Succession Act though they are tribals which itself does not oust them from the purview of application of Hindu Succession Act”. The trial court had held that being Gond, the parties to the suit were not governed by the Hindu Law and governed by the customs in the matter of succession. The High Court, however, set aside the order of the trial court while holding that the trial court fell into error in recording the finding that the parties were not governed by Hindu Law.

History of this topic

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