Hindu Succession Act not applicable to Scheduled Tribes

Supreme Court Sets Aside High Court Directive on Hindu Succession Act’s Applicability to Himachal Pradesh Tribes. The Apex Court upholds statutory exclusion of Scheduled Tribes from the Hindu Succession Act, 1956, nullifying the High Court's directive for tribal areas.

In a landmark judgment, the Supreme Court of India has nullified a directive issued by the Himachal Pradesh High Court that mandated the application of the Hindu Succession Act, 1956 to the tribal areas of the state. The judgment, delivered on October 8, 2025, by a bench comprising Justices Sanjay Karol and Prashant Kumar Mishra, emphasized the statutory exclusion of Scheduled Tribes from the purview of the Hindu Succession Act, unless explicitly included via a notification by the Central Government.

The case, Nawang and anr. v. Bahadur and ors., revolved around inheritance rights in tribal areas, particularly concerning daughters. The High Court, in its judgment dated June 23, 2015, had directed that daughters in tribal areas inherit property according to the Hindu Succession Act, 1956, in a bid to address social injustice and exploitation of women.

However, the Supreme Court found the directive contrary to Section 2(2) of the Hindu Succession Act, 1956, which explicitly states that the Act does not apply to members of Scheduled Tribes unless the Central Government issues a notification to that effect in the Official Gazette. The Apex Court reiterated that directions contrary to statutory provisions cannot be issued by a court, especially in cases where the issue was neither directly nor substantially involved.

Referring to past judgments, including Tirith Kumar v. Daduram, the Court underscored the constitutional provisions under Articles 341 and 342, which delineate the process for notifying Scheduled Castes and Scheduled Tribes. The Court noted the absence of any notification demonstrating that the Sawara tribe, the concerned tribe in the present case, stands de-notified.

The judgment also cited precedents from M.R. Balaji v. State of Mysore and State of Maharashtra v. Milind, reaffirming the constitutional mandate that Scheduled Tribes can only be included within the scope of the Hindu Succession Act through a presidential notification.

In light of these observations, the Supreme Court set aside the High Court’s directive contained in paragraph 63 of the impugned judgment, rendering it expunged from the record. The decision underscores the judiciary's adherence to statutory provisions and reinforces the legislative process in matters concerning tribal communities.

The case has significant implications for inheritance laws in tribal areas, affirming the autonomy of customary laws governing Scheduled Tribes unless legislative amendments dictate otherwise.

Bottom Line:

Hindu Succession Act, 1956 - Section 2(2) explicitly states that the Act does not apply to members of Scheduled Tribes unless the Central Government issues a notification to that effect in the Official Gazette. Directions contrary to this statutory provision cannot be issued by a court in matters where the issue was neither directly nor substantially involved.

Statutory provision(s): Article 342 of the Constitution of India, Hindu Succession Act, 1956 - Section 2(2)

Nawang v. Bahadur, (SC) : Law Finder Doc Id # 2796042