A female member of the scheduled tribe is not entitled to any right of survivorship under the provisions of Hindu Succession Act.

Case details

Kamla Neti (D) vs Special Land Acquisition Officer | 2022 LiveLaw (SC) 1014 | CA 6901 OF 2022 | 9 December 2022 | Justices M R Shah and Krishna Murari

For Appellant(s) Dr. Jarmejaya Roy, Adv. Mr. Aneesh Mittal, AOR Mr. SR Sunderam, Adv. Mr. Digant Kallol Deo, Adv.; For Respondent(s) Dr. Kedar Nath Tripathy, Adv. Mr. Ramendra Mohan Patnaik, AOR

Headnotes

Hindu Succession Act, 1955 ; Section 2(2), 6 - Female member of the Scheduled Tribe is not entitled to any right of survivorship under the provisions of Hindu Succession Act - It is high time for the Central Government to look into the matter and if required, to amend the provisions of the Hindu Succession Act by which it is not made applicable to the members of the Scheduled Tribe - Female tribal is entitled to parity with male tribal in intestate succession. (Para 7-7.2)

Legislation - It is for the legislature to amend the law and not the Court (Para 6.1)