Tirith Kumar and Others v. Daduram and Others
- Vaishnavi Majji
- Oct 23
- 1 min read
In a significant judgment delivered on December 19, 2024, the Hon’ble Supreme Court of India ruled in favour of equal inheritance rights for daughters from Scheduled Tribe communities in the case of Tirith Kumar and Others v. Daduram and Others. The case involved a property dispute over nearly 14 acres of agricultural land in Chhattisgarh, originally owned by Mardan, a member of the Sawara tribal community.
Since Mardan died in 1951, before the Hindu Succession Act (HAS), 1956 came into force, and because the HSA specifically excludes Scheduled Tribes unless notified by the Government, his daughters were initially denied a share in the property.
However, the Hon’ble Supreme Court, led by Justices C.T. Ravikumar and Sanjay Karol, ruled that even though the HSA did not apply, the daughters had a right to inherit. The Court relied on principles of equity, justice, and good conscience, as well as the Central Provinces Laws Act, 1875, to bridge the legal gap.
Citing previous decisions such as Madhu Kishwar v. State of Bihar and Kamla Neti v. Land Acquisition Officer, the Court emphasized that denying inheritance rights based on outdated customs violates constitutional values like right to equality (Article 14) and the right to dignity (Article 21).
Importantly, the Court also urged the Central Government to amend the HSA to include Scheduled Tribes and ensure gender justice across all communities.
This ruling is a progressive step toward ending discrimination against tribal women in matters of succession.
Source
Comments