1999 Supreme(Pat) 485

PATNA HIGH COURT
D.N.Prasad, J.
Manohar Singh And Another
Versus
Munni Lal Singh
Appeal from Original Decree No. 299 of 1989 ;
Decided On : JUNE 22, 1999

The Hindu Succession Act, 1956 does not apply to members of Scheduled Tribes, and therefore, a widow belonging to a Scheduled Tribe does not inherit any property from her husband and has no right to alienate it.

Headnote:

CHERO COMMUNITY - HINDU SUCCESSION ACT - SEC. 2 CLAUSE 2 - APPLICABILITY - CHERO COMMUNITY MEMBERS - INHERITANCE AND ALIENATION OF PROPERTY - EXCEPTION - CENTRAL GOVERNMENT NOTIFICATION - LEGAL NECESSITY - WIDOW'S POWER TO ALIENATE PROPERTY - LIMITED OWNER - DEPUTY COMMISSIONER, PALAMAU - NECESSARY PARTY - ADOPTION OF HINDU RELIGION - PLEADING REQUIREMENT.

Fact of the Case:

The plaintiff, Munnilal Singh, filed a suit against the defendants, Dhaneshwari Devi and Manohar Singh, claiming exclusive possession over certain lands. The plaintiff alleged that he and the defendants were members of the Chero community, which is recognized as a Scheduled Tribe under the Constitution of India. He contended that, as per the provisions of Section 2, Clause 2 of the Hindu Succession Act, 1956, the Act does not apply to members of Scheduled Tribes, and therefore, Dhaneshwari Devi, as the widow of Radha Singh, did not inherit any property from her husband and had no right to alienate it. The defendants, on the other hand, claimed that they had valid title to the lands through sale deeds and a deed of gift executed by Dhaneshwari Devi. They also argued that the plaintiff could not challenge the validity of these documents as he had not pleaded that the parties were members of a Scheduled Tribe.

Finding of the Court:

The court found that both parties were members of the Chero community, which is recognized as a Scheduled Tribe under the Constitution of India. It held that, as per Section 2, Clause 2 of the Hindu Succession Act, 1956, the Act does not apply to members of Scheduled Tribes, and therefore, Dhaneshwari Devi, as the widow of Radha Singh, did not inherit any property from her husband and had no right to alienate it. The court also found that there was no evidence to suggest that Dhaneshwari Devi had sold the lands for legal necessity, and that the sale deeds and deed of gift were executed under undue influence. The court further held that the Deputy Commissioner, Palamau, was not a necessary party to the suit.

Issues: 1. Whether the Hindu Succession Act, 1956 applies to members of the Chero community, which is recognized as a Scheduled Tribe under the Constitution of India. 2. Whether Dhaneshwari Devi, as the widow of Radha Singh, inherited any property from her husband and had the right to alienate it. 3. Whether the sale deeds and deed of gift executed by Dhaneshwari Devi were valid and legally binding. 4. Whether the plaintiff had the right to challenge the validity of the sale deeds and deed of gift without pleading that the parties were members of a Scheduled Tribe. 5. Whether the Deputy Commissioner, Palamau, was a necessary party to the suit.

Ratio Decidendi: 1. Section 2, Clause 2 of the Hindu Succession Act, 1956, clearly states that the Act does not apply to members of any Scheduled Tribe within the meaning of Clause 25 of Article 366 of the Constitution of India unless the Central Government directs otherwise through a notification in the official Gazette. 2. As the Chero community is recognized as a Scheduled Tribe under the Constitution of India, the Hindu Succession Act, 1956 does not apply to its members. Therefore, Dhaneshwari Devi, as the widow of Radha Singh, did not inherit any property from her husband and had no right to alienate it. 3. A widow or other limited heir has the power to alienate the estate inherited from the deceased owner only for religious or charitable purposes or other purposes amounting to legal necessities. In the absence of evidence to suggest that Dhaneshwari Devi had sold the lands for legal necessity, the sale deeds and deed of gift executed by her were not valid and legally binding. 4. The plaintiff, as a member of the Chero community, had the right to challenge the validity of the sale deeds and deed of gift without pleading that the parties were members of a Scheduled Tribe. 5. The Deputy Commissioner, Palamau, was not a necessary party to the suit.

Final Decision: The court dismissed the appeal filed by the defendants, Dhaneshwari Devi and Manohar Singh, and affirmed the judgment and decree of the lower court, which had decreed the suit in favor of the plaintiff, Munnilal Singh.