Malleeswari versus K. Suguna and Another, 2025
The judgment firmly upholds the statutory rights of daughters to inherit ancestral property equally, reinforcing the progressive interpretation of the Hindu Succession Act post its 2005 amendment.
Judgement Details
Court
Supreme Court of India
Date of Decision
19 September 2025
Judges
Justice Ahsanuddin Amanullah & Justice SVN Bhatti
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The dispute originated from a partition suit filed in 2000 between siblings Subramani and Malleeswari regarding ancestral property.
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In 2003, the trial court passed a decree granting partition but excluded Malleeswari (the appellant) from receiving any share.
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Subsequently, Malleeswari filed to amend the decree asserting her right to a coparcenary share under the Hindu Succession (Amendment) Act, 2005, and also claimed rights under her father’s will.
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The Trial Court rejected her plea in 2019, denying the amendment.
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The Madras High Court, in 2022, upheld her claim, relying on the landmark judgment Vineeta Sharma v. Rakesh Sharma (2020), which recognized daughters’ coparcenary rights.
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However, in 2024, on a review petition filed by the respondents, the Madras High Court reversed its earlier decision, questioned the ancestral nature of the property, and remanded the matter back to the trial court.
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The Supreme Court was approached to challenge the High Court’s review order.
Issues
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Whether the Madras High Court exceeded its jurisdiction by reconsidering facts and challenging the daughter’s entitlement in a review petition.
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What is the scope and limitation of review jurisdiction under Order 47 CPC?
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Does the appellant have a statutory right to coparcenary share under the Hindu Succession (Amendment) Act, 2005?
Held
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The appeal was allowed.
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The Supreme Court restored the 2022 High Court order, which upheld the daughter’s coparcenary rights.
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The case was remitted to the Trial Court for speedy and proper determination of Malleeswari’s share in the ancestral property, following the law as laid down in the 2005 Amendment and Vineeta Sharma judgment.
Analysis
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The judgment firmly upholds the statutory rights of daughters to inherit ancestral property equally, reinforcing the progressive interpretation of the Hindu Succession Act post its 2005 amendment.
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It draws a clear distinction between appellate and review jurisdiction, preventing courts from using review petitions to relitigate settled issues or facts.
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The Supreme Court stresses the need for judicial discipline to avoid prolonged litigation and procedural misuse, especially in family and property matters.
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The decision strengthens the legal certainty and finality of judgments on property rights, encouraging adherence to established principles and preventing unnecessary delays.
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This case highlights how judicial review must be narrowly construed to ensure that courts do not overstep their powers or create confusion by reopening settled issues without valid grounds.