VidhiSangh

Supreme Court of India · 17/07/2025

RAM CHARAN & ORS. versus SUKHRAM & ORS.

[2025] 8 S.C.R. 272 · 2025 INSC 865

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The heirs of a Scheduled Tribe woman sued for partition of her father's property, and all three courts below dismissed the suit because no custom entitling daughters to inherit had been proved. The Court held that the Hindu Succession Act does not apply to Scheduled Tribes, that in the absence of any proved custom either way Section 6 of the Central Provinces Laws Act, 1875 (justice, equity and good conscience) governs, that the 2018 repeal of that Act did not affect the right which had already accrued, and that denying the daughter a share when custom is silent would violate Article 14; her heirs were held entitled to an equal share.

Issues

  1. Whether a Scheduled Tribe woman, or her legal heirs, is entitled to an equal share in her father's property when no custom of female succession or of its exclusion has been proved.
  2. Whether Section 6 of the Central Provinces Laws Act, 1875 could be applied although the Act was repealed in 2018.
  3. Whether denial of inheritance to the female heir on the basis of an assumed exclusionary custom violates Article 14 of the Constitution.

Provisions considered

Held

Result

Appeal allowed; judgments of the trial court, first appellate court and High Court set aside to the extent they denied the appellant-plaintiffs an equal share; appellants, as the daughter's legal heirs, held entitled to an equal share in the property; pending applications disposed of; no costs.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 272.