The Supreme Court has set aside the Himachal Pradesh High Court’s order, ruling that tribal women in the state cannot inherit property under the Hindu Succession Act, as no formal government notification exempts them from customary tribal laws.
NEW DELHI: On Tuesday, January 28, 2025, Chief Justice of India Sanjiv Khanna made an important statement regarding inheritance laws in India. He said that every person should have the freedom to stop following a religion and choose to be governed by secular inheritance laws. This right should apply to people of all religions equally.
On December 24, 2024, the Delhi High Court ruled in the case of Birbal Saini v. Satywati, clarifying property rights under Hindu law. The court distinguished between ancestral and inherited property, determining that the disputed property was inherited by Bharat Singh and thus self-acquired, allowing its sale without heirs’ consent.
The Supreme Court on Thursday (Dec 19) emphasized the need for parity in inheritance rights between male and female members of scheduled tribe (ST) communities. A Bench of Justice CT Ravikumar and Justice Sanjay Karol held that denying equal rights to women from ST communities is unjustifiable, particularly in light of the Constitution of India’s guarantee of the right to equality. The Court also highlighted that when a daughter from a non-tribal community is entitled to such a right, there is no reason to deny the right to daughter belonging to ST community.
The Supreme Court made significant rulings on various constitutional and legal issues, including the non-challenge of statutes based on basic structure, necessity for official notifications for customs exemptions, and limitations on property rights. The Court reinforced principles of fairness, integrity in appointments, and guidelines against punitive demolitions while addressing social justice concerns.
The Supreme Court has referred the issue of Hindu women’s proprietary rights under the Hindu Succession Act to the Chief Justice for a larger bench to address inconsistencies in interpretations. Current laws create confusion between different judgments, impacting the rights of Hindu females and their families, necessitating clarification on property ownership principles.
On Wednesday (24th April): The Delhi High Court emphasized a wife’s right to use and benefit from her husband’s property during her lifetime, including its income, for financial independence after his passing. The court clarified that this right does not grant absolute ownership, preventing the wife from selling or transferring the property. Case: Manmohan Singh & Anr vs Shital Singh & Ors.