Hindu Succession Act, 1956: s.2(2) – Non-applicability of the provisions of the Act to the members of Scheduled Tribe – Appellantdaughter of one of the coparceners claiming 1/5th share in the amount of compensation with respect to the land acquired by the State – Compensation amount settled in favour of the other coparceners only – Rejection of the claim of the appellant by the Reference Court since the parties being Scheduled Tribe,the provisions of the Hindu Succession Act not applicable– Upheld by the High Court– On appeal, held: As per s. 2(2), the Act will not be applicable to the members of the Scheduled Tribe, thus, the High Court rightly held that the appellant cannot claim any right of survival – Though on equity, this Court may be with the appellant however, when there is a conflict between the law and equity, the law would prevail – Equity can only supplement the law – There is a gap in it but it cannot supplant the law –If the claim of the appellant on the basis of the survivorship under the 1956 Act is accepted, in that case it would tantamount to amend the law, which the court cannot do – Thus, in view of s.2(2) and the appellant being a female member of the Scheduled Tribe is specifically excluded, the appellant not entitled to any right of survivorship under the provisions of 1956 Act – Furthermore, there may not be any justification to deny the right of survivorship to the female member of the tribal, when the daughter belonging to the non-tribal is entitled to the equal share in the property of the father– Female tribal is entitled to parity with male tribal in intestate succession– In view thereof, issuance of directions to the Central Government to look into the matter and if required, to amend the provisions of the1956 Act by which the 1956 Act is not made applicable to the members of the Scheduled Tribe.
Madhu Kishwar & Ors. Versus State of Bihar & Ors., (1996) 5 SCC 125 : [1996] 1 Suppl. SCR 442;
Labishwar Manjhi vs. Pran Manjhi and Ors., (2000) 8 SCC 587; B. Premananda and Ors. Vs. Mohan Koikal and Ors., (2011) 4 SCC 266 : [2011] 3 SCR 932; J.P. Bansal vs. State of Rajasthan & Anr. AIR (2003) SC 1405 : [2003] 2 SCR 933; State of Jharkhand & Anr. Vs. Govind Singh, JT 2004 (10) SC 349 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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