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Supreme Court of India 2022-09-20 dismissed

HAR NARAINI DEVI & ANR vs UNION OF INDIA & ORS

Bench: 2 — Hemant Gupta, Vikram Nath

In Brief

The appellants, widow and daughter of Ishwar Singh, challenged Section 50(a) of the Delhi Land Reforms Act, 1954 as discriminatory against women in inheritance of agricultural property, arguing that the Hindu Succession Act, 1956 should apply instead. The Supreme Court held that no conflict arises under Article 254 because the 1954 Act relates to the State List (Entry 18) while the 1956 Act relates to the Concurrent List (Entry 5). The 1954 Act is a special law on agricultural tenures, prevailing over the general succession law. The deletion of Section 4(2) of the 1956 Act in 2005 has only prospective effect and cannot affect rights crystallized when succession opened in 1997. The Court also confirmed the 1954 Act is protected under Article 31(B) as it was in the Ninth Schedule before Kesavananda Bharati. Appeal dismissed.

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Constitutional Law Succession Women's Rights Agricultural Property Gender Discrimination Concurrent List Ninth Schedule

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