Supreme Court: Inheritance Rights of Tribal Daughters Governed by Custom, Not Hindu Succession Act
The Supreme Court has clarified that daughters belonging to Scheduled Tribes will inherit property according to their tribal customs, and not under the Hindu Succession Act, 1956, unless the Central Government specifically decides otherwise. This clarification came while the Court set aside a direction issued earlier by the Himachal Pradesh High Court.
A Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra explained that Section 2(2) of the Hindu Succession Act clearly excludes Scheduled Tribes from its purview. This means tribal families are governed by their own customary laws, which vary from region to region.
Why the Supreme Court Intervened
The case, Nawang & Anr. vs. Bahadur & Ors., came to the Supreme Court after the Himachal Pradesh High Court had ruled that daughters in tribal communities should inherit property under the Hindu Succession Act to prevent "social injustice."
However, the Supreme Court observed that:
The issue of applying the Act to tribal communities was not part of the original dispute.
The High Court had gone beyond the case record in issuing such a general direction.
Court’s Key Reasoning
The Supreme Court emphasized the existing law:
> Section 2(2) of the Hindu Succession Act states that the Act does not apply to members of Scheduled Tribes unless the Central Government issues a notification to bring them under its scope.
This position has been consistently upheld in earlier rulings, including:
Madhu Kishwar vs. State of Bihar
Tinth Kumar & Ors. vs. Daduram & Ors. (2024)
The Court reaffirmed that customary practices still govern inheritance in tribal communities, and any change must come through legislation, not judicial direction.
Final Outcome
The Supreme Court expunged paragraph 63 of the High Court’s judgment, which had directed that daughters in tribal areas inherit property under the Hindu Succession Act. The rest of the High Court’s order was left untouched.
The appeal was disposed of, with the Court appreciating the assistance of the lawyers involved.
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This decision is a reminder that while equality in inheritance is a vital social goal, changes affecting tribal traditions require careful, community-sensitive decision-making—preferably through law and policy, not courtroom directions.
