As the wife married to a non tribal the succession laws of the husband will apply oe the Hindu law.
Hindu Succession law for deceased tribal woman
Whether the Hindu succession law is applicable to self acquired properties of a deceased woman belonging to scheduled tribe? Who would be termed as her heirs if husband is also deceased and she did not bear any children. For information, although she belonged to scheduled tribe, husband was not a member of scheduled tribe and husbands entire family is non tribal. In my limited knowledge, I am also referring to Section 2 ( 2) of the HSA which says that the HSA does not apply to member of scheduled tribes.
Asked 2 years ago in Property Law
Religion: Hindu
10 Answers
According to Section 2(2) of the Hindu Succession Act, the statute which guarantees equal shares for male and female heirs is not applicable to members of Scheduled Tribe communities
2) SC has held when the evidence disclosed that parties belonging to the Santhal tribe were practicing Hindu customs and not that of the Santhals, then the provision of Hindu Succession Act would apply with regard to inheritance of property.
3) legal heirs of deceased tribal women would otherwise devolve as per customary law of inheritance
Yes it’s not applicable in specific areas
As per sub section 1(c) of 2. Application of Act of HINDU SUCCESSION ACT, 1956 ,
This Act applies- (c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
The person belonging to Schedule tribe also comes under the above exemption.
Besides section 2(2) is also very clear in this regard, (2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.
As per Section 2(2) of the Hindu Succession Act, the statute, which guarantees equal shares for male and female heirs, is not applicable to Scheduled Tribe members.
In a judgment on December 9, 2022, the Supreme Court asked the government to re-examine provisions in the Hindu Succession Act which deny a tribal woman the right of succession to her father’s property.
Therefore it is clear that till now the law is that the schedule tribe woman cannot inherit the Hindu husband's properties even if he is reported to have died intestate.
Thanks for your responses. Does that mean a member of scheduled tribe practising Hinduism and not tribal customs and traditions would fall under the HSA? Secondly, is there any distinction in law for ownership of SELF ACQUIRED properties of a deceased woman when it comes to legal heirs as per HSA?
Asked 2 years ago
- As per Section 2(2) of the Hindu Succession Act, the statute, which guarantees equal shares for male and female heirs, is not applicable to Scheduled Tribe members.
- Further, the Supreme Court held that a female member of the scheduled tribe is not entitled to any right of survivorship under the provisions of Hindu Succession Act.
- Hence, after the demise of her non-tribal husband , she having no right to claim over the property of him .
If member of ST following Hinduism it would fall u der HSA
On demise of ST following HSA her property would devolve on her legal heirs as per provisions of HSA
A tribal community woman may practice Hindu traditions and customs but she may not be entitled to succession as per Hindu Succession act.
If a person is reported to have died intestate then the properties left behind by him/her shall be succeeded by the legal heirs/successors in interest as per the personal law that governs the situation.
1. A woman belonging to schedule tribe practising Hindu way of life and not following the tribal tradition and customs comes under the Hindu Succession Act 1956 and it's amendment in 2005.
2. The legal heirs for her self acquired property, if she has died intestate ( without executing a WILL) would be her deceased husband's siblings.
3. The Hindu Succession Act 1956, which was amended in 2005 deals with the ancestral property and not with the self acquired property.
Yes the Tribal customs will be totally different
Dear client,
Yes, a member of a scheduled tribe who practices Hinduism and does not follow the customs and traditions of the tribe would fall under the purview of the Hindu Succession Act (HSA).
With regard to the ownership of self-acquired properties of a deceased woman, the legal heirs will be determined in accordance with the provisions of the HSA. If the woman died intestate (i.e., without leaving a valid will), then her legal heirs, as per the HSA, would be her mother, her husband's mother, and her husband's siblings (if he has predeceased her). If her husband is also deceased and she did not have any children, then her legal heirs would be her mother and her husband's mother. The property would devolve upon them in equal shares.
However, if the woman had made a valid will before her death, then the distribution of her self-acquired property would be governed by the terms of the will. The beneficiaries named in the will would be entitled to receive the property as per the provisions of the will.
