Supreme Court Sets Aside HC Order Denying Daughter Coparcenary Right

The Supreme Court overturned a High Court ruling that had denied a daughter her rightful coparcenary share in ancestral property, while also summarizing key principles governing review jurisdiction. The case involved a daughter who challenged the denial of her share on the ground that the High Court wrongly interpreted the Hindu Succession (Amendment) Act, 2005, which conferred equal coparcenary rights to daughters. The Supreme Court held that daughters cannot be denied inheritance rights on technical grounds once the law unequivocally recognizes them as coparceners by birth, irrespective of whether the father was alive at the time of the 2005 amendment. Additionally, the Court examined the scope of review jurisdiction, clarifying that while courts possess limited powers to revisit final judgments, such review is justified where there is an error apparent on the face of the record or gross miscarriage of justice. Applying these principles, it found that the High Court’s denial of the daughter’s rights amounted to a manifest error requiring correction. The ruling has dual significance: it strengthens gender equality in property rights while also reinforcing judicial standards for exercising review powers. The Court emphasized that coparcenary rights are not a matter of charity but of statutory entitlement rooted in constitutional values of equality and non-discrimination. By directing that the daughter be granted her share, the judgment ensures consistent enforcement of succession reforms and sets a strong precedent for gender justice in inheritance matters. At the same time, its articulation on review jurisdiction provides clarity for lower courts in exercising this exceptional power, ensuring that errors do not perpetuate injustice.