Schedule Tribe Daughters Have Equal Inheritance Rights: Rajasthan High Court Suggests Amendment

The Rajasthan High Court set aside a Board of Revenue order denying a Scheduled Tribe (ST) daughter’s khatedari rights in her father’s ancestral property. The court held that ST daughters have equal inheritance rights as non-ST daughters.

The court criticised Section 2(2) of the Hindu Succession Act, which excludes ST members unless notified, calling it a barrier to tribal women’s rights.

The court also cited Supreme Court decisions in Kamla Neti (2023) and Tirth Kumar (2024). The court emphasised that denying such rights violates Articles 14, 15, and 21.

The court directed the Union Government to consider amending the provision to safeguard and promote the rights of female members of the ST community.

[Manni Devi V Rama Devi & Ors.]