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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Dilip Uraon, son of Jogiyan Uraon – Appellant
Versus
Mangti Bai, D/o. late Chamra Uraon, wife of Somaru Uraon – Respondent
| Table of Content |
|---|
| 1. plaintiffs filed for property partition. (Para 1 , 4) |
| 2. defendants' claims deny the applicability of hindu law. (Para 5 , 7) |
| 3. appellants argue misapplication of hindu law. (Para 8 , 9) |
| 4. scheduled tribes are exempt from hindu succession act. (Para 11 , 12) |
| 5. customs prevail over hindu law for scheduled tribes. (Para 13 , 14) |
| 6. evidence supports indeterminate status of tribal customs. (Para 15 , 16 , 17 , 18 , 19) |
| 7. justice, equity, and good conscience guide decision-making. (Para 20 , 21 , 22 , 23 , 24) |
| 8. equity warrants equal share for daughters despite customs. (Para 25 , 26 , 27) |
| 9. plaintiffs' entitlement confirmed. (Para 28) |
| 10. judgment and decree in favor of plaintiffs. (Para 29 , 30) |
JUDGMENT :
RAVINDRA KUMAR AGRAWAL, J.
1. This Second Appeal under Section 100 of Code of Civil Procedure, 1908 has been filed by the plaintiffs against the impugned judgment and decree dated 20.07.2010 passed by IIIrd Additional District Judge (FTC) Ambikapur, District Surguja, in Civil Appeal No.57-A/2008 whereby the First Appeal filed by the appellants/plaintiffs against the judgment and decree dated 25.04.2008 passed by Civil Judge Class-II Ambikapur, in Civil Suit No.88-A/200
The Hindu Succession Act does not apply to aboriginal tribes; inheritance follows customary law unless proven otherwise, emphasizing the principle of justice, equity, and good conscience.
Hindu Succession Act, 1956 cannot apply to scheduled tribes – For a tribe to be notified as a scheduled tribe, notification to that effect has to be issued and vice versa.
The burden of proof for establishing a custom rests on the party asserting it, and clear and unambiguous evidence is required to prove the custom. The court emphasized the need for continuity, certai....
Custom – Custom evolves by conduct – Customs too, like law, cannot remain stuck in time and others cannot be allowed to take refuge in customs or hide behind them to deprive others of their right.
Section 2 (2) of Hindu Succession Act which is Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to members of any Scheduled Tribe within meaning of cla....
(1) Hindu Succession Act, 1956 do not apply on tribals.(2) Tribal Succession – Law by excluding daughter from participating in coparcenary ownership not only contributes to her discrimination on the ....
The main legal point established in the judgment is that the settlement deed was found to be valid and not hit by the Doctrine of Reserve, and the law applicable was only the Hindu Succession Act 195....
(1) Revenue records are not documents of title, but they are evidence of possession. (2) Succession—Customs are not fossilized structures, nor are they etched on stone but are living organism rooted ....
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