Supreme Court: Under which circumstances a subsequent change of law will not render an earlier decision on a pure question of law ineffective as res judicata

The second limb of the High Court's reasoning, that Vineeta Sharma constitutes a 'change in law' which overrides res judicata is equally unsustainable. It is true that in Mathura Prasad Bajoo Jaiswal (supra), this Court in Para 9 held that a subsequent change in law can render an earlier decision on a pure question of law ineffective as res judicata. However, this exception applies only where the legal basis of the earlier decision has been undermined by the subsequent pronouncement. {Para 40}

41. The question, therefore, is whether Vineeta Sharma effects any change in the law relevant to the 2013 order. The answer, in our view, is in the negative. The 2013 order proceeded on the basis that even assuming the daughters are not coparceners and the partition is valid, the father died intestate and the daughters have a right in the father's share Under Section 8 of the H.S. Act. Vineeta Sharma (supra) deals with the scope of the 2005 Amendment vis-à-vis coparcenary rights and the saving clause for pre-2004 partitions. It holds, inter alia, that daughters become coparceners by birth, that the 2005 Amendment is retroactive in nature, and that Section 6(5) saves only partitions effected before 20.12.2004 by registered deed or court decree. What Vineeta Sharma (supra) does not do is alter the settled position which was the foundation of the 2013 order, that where a Hindu male dies intestate, his property devolves Under Section 8 on all Class I heirs including daughters. The "basis" of the 2013 judgment remains entirely undisturbed by Vineeta Sharma. The High Court's reasoning that Vineeta Sharma (supra) did away with the basis of the 2013 order is, with respect, erroneous.

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 7939 of 2026 (Arising out of SLP (C) No. 23709 of 2024)

B.S. Lalitha and Ors. Vs. Bhuvanesh and Ors.

Hon'ble Judges/Coram:

Augustine George Masih and Sanjay Karol, JJ.

Author: Augustine George Masih, J.

Citation: 2026 INSC 499, MANU/SC/0483/2026

Dated: MAY 15, 2026.

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