HINDU SUCCESSION ACT DOESN'T APPLY TO SCHEDULED TRIBES: SUPREME COURT REITERATES

HINDU SUCCESSION ACT DOESN'T APPLY TO SCHEDULED TRIBES: SUPREME COURT REITERATES

In Nawang & Anr. v. Bahadur & Ors. (Supreme Court, October 8, 2025), the Court, comprising Justices Sanjay Karol and Prashant Kumar Mishra, examined whether the Hindu Succession Act, 1956 applies to Scheduled Tribes in Himachal Pradesh. The Himachal Pradesh High Court had directed that daughters in tribal areas should inherit property under the Hindu Succession Act rather than customary law. The Supreme Court set aside this direction, holding that Section 2(2) of the Hindu Succession Act expressly excludes Scheduled Tribes unless the Central Government issues a notification extending the Act’s application. Referring to Tirith Kumar v. Daduram (2024), the Court reiterated that only such notification can alter the legal position. It further held that the High Court exceeded its jurisdiction by issuing directions on an issue not raised in pleadings or arguments. The Court reaffirmed that inheritance among Scheduled Tribes continues to be governed by customary law, not by Hindu succession provisions.