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6. Nawang & Anr. vs. Bahadur & Ors.
2025 LiveLaw (SC) 1025
October 8, 2025
Hindu Succession – Does not apply to members of Scheduled Tribes – High Court’s direction that daughters in Tribal areas of Himachal Pradesh shall inherit property under the HSA set aside. [Hindu Succession Act, 1956, S.2(2)]
FACTS
This Civil Appeal arose from a judgment passed by the High Court of Himachal Pradesh. The challenge was limited to a specific direction issued in paragraph 63 of the impugned judgment, wherein the High Court directed that daughters in tribal areas of the State of Himachal Pradesh shall inherit property in accordance with the Hindu Succession Act, 1956 (HSA), and not as per customs and usages, in order to prevent social injustice and exploitation of women. The appellants challenged this direction before the Supreme Court, with assistance from an amicus curiae.
HELD
The Supreme Court held that Section 2(2) of the Hindu Succession Act, 1956, explicitly provides that nothing contained in the Act shall apply to members of any Scheduled Tribe within the meaning of clause (25) of Ar
