Case Title:- Nawang And Another vs. Bahadur And Others
Citation:- Civil Appeal No. 4980/2017
Date:- 08.10.2025
Hon’ble Supreme Court Bench:- JUSTICE SANJAY KAROL & JUSTICE PRASHANT KUMAR MISHRA
The Hon’ble Supreme Court has reiterated that the Hindu Succession Act, 1956 (HSA) does not apply to members of Scheduled Tribes. The Hon’ble Court delivered the ruling while setting aside a 2015 judgment of the Himachal Pradesh High Court.
- The Hon’ble High Court of Himachal Pradesh had earlier said that daughters in the State’s tribal areas should inherit property under the Hindu Succession Act instead of following tribal customs.
- The Hon’ble Supreme Court said that this direction was wrong and beyond the scope of the case, as the issue was never raised or argued before the Hon’ble High Court.
- Referring to Section 2(2) of the Hindu Succession Act, the Court highlighted that:
“Nothing in this Act shall apply to members of any Scheduled Tribe unless the Central Government directs otherwise by notification.”
- The Hon’ble Court relied on its earlier decision in Tirith Kumar & Ors. v. Daduram & Ors. (2024), which had clearly held that Scheduled Tribes are excluded from the scope of the HSA. The Bench observed that the Hon’ble High Court could not override this legal provision or impose the Act on tribal communities through its directions.
- The Hon’ble Court also recalled its earlier remarks in Kamla Neti v. LAO (2023) and Tirith Kumar (2024), urging the Central Government to consider amending the law to ensure equal inheritance rights for women belonging to Scheduled Tribes.
- For now, the Hon’ble Court made it clear that succession and inheritance among Scheduled Tribes will continue to be governed by their customary laws, not by the Hindu Succession Act.
