Read Time: 06 minutes

Synopsis

In absence of any evidence in a property suit to establish a custom that denied the widow and her daughter the right to inherit the succession, the Chhattisgarh High Court recently held a Gond tribal woman entitled to inherit succession in the property left by her dead husband as per Hindu Succession Act.

It had been contended that since the parties to the suit were Gond tribals and in their community widow and daughter are only entitled to get maintenance, the widow and her daughter had no right over the property as they were not governed by Hindu Law.

However, the woman and her daughter had alleged that people from the Gond community follow the Hindu religion and all the rituals are performed through Hindu Law therefore, they were governed by Hindu Law.

Moreover, evidences were placed before the court showing that though the parties to the suit were tribals, they were still continuing with the customary tradition of Hindu customs such as worship of God, Phere at the time of marriage, and Pinddan at the time of death of family member.

The bench of Justice Narendra Kumar Vyas observed that Section 2(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".

Court held the widow full owner of the suit property and stated that being the full owner, she had very much right to succeed the property and consequently to dispose it of according to her convenience.

In the present case, an appeal was filed against the order of the Trial Court which had decreed the suit for declaration and permanent injunction in favour of one son of the widow. The trial court had held that since the widow was not in possession of the suit property, therefore, the sale deed executed in 2003, in favour of her other son, was not binding upon the plaintiff son.

The trial court had held that being Gond, the suit parties 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 it fell into error in recording the finding that the parties were not governed by Hindu Law. 

Court allowed the appeal and set aside the judgment and decree passed by the trial court while holding the sale deed executed in favour of widow's other son legal and justified.

Case Title: Beer Singh v. Pratap Singh and Others