New Delhi, October 8, 2025 – The Supreme Court on Wednesday set aside a 2015 judgment of the Himachal Pradesh High Court that had extended the provisions of the Hindu Succession Act (HSA), 1956, to daughters belonging to tribal communities in the state.
A Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra, while hearing Nawang & Anr. vs Bahadur & Ors. (Civil Appeal No. 4980 of 2017), ruled that the High Court had exceeded its jurisdiction by issuing directions not arising from the issues under consideration in the case.
The apex court observed that under Section 2(2) of the Hindu Succession Act, 1956, the law does not apply to members of Scheduled Tribes unless specifically notified by the Central Government.
Therefore, the Himachal Pradesh High Court’s direction in paragraph 63 of its 2015 judgment — stating that daughters in tribal areas would inherit property under the HSA and not as per customary laws — could not stand in law.
“The HSA, 1956, cannot apply to Scheduled Tribes. This position of law is well settled,” the court noted, citing earlier Supreme Court judgments, including Madhu Kishwar vs State of Bihar and Ahmedabad Women Action Group vs Union of India.
The bench relied on the recent 2024 Supreme Court ruling in Tirith Kumar & Ors. vs Daduram & Ors., which clarified that Scheduled Tribes remain outside the ambit of Hindu personal laws unless de-notified or specifically brought under the Act by a central notification.
The court emphasized that there was no such notification denotifying the concerned tribal community or extending the HSA to them.
It, therefore, ordered that paragraph 63 of the High Court’s 23 June 2015 judgment be expunged from the record.
Appreciating the assistance of amicus curiae Ms. Rebecca Mishra and counsel for the appellants, Mr. Rajesh Gupta, the Bench disposed of the civil appeal along with all pending applications.
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