MRS. MARY ROY ETC. ETC. versus STATE OF KERALA & ORS.

MRS. MARY ROY ETC. ETC. versus STATE OF KERALA & ORS.

On the extension of the Indian Succession Act, 1925, by the Part B States (Laws) Act, 1951, to Travancore-Cochin, the Travancore Christian Succession Act, 1092, stood repealed and intestate succession for Indian Christians in the territories of the former State of Travancore is governed by Chapter II of Part V of the Indian Succession Act, 1925.

Parties
Petitioner: Mrs. Mary Roy; Respondent: State of Kerala & Ors.; Intervener: Mandita Pandey, Mrs. K. Hingorani, Mrs. Rekha Pandey
Jurisdiction
India
Judgment Date
26 February 1986
Procedural Posture
Writ Petition (civil) Under Article 32 of the Constitution of India / Final Decision
Outcome
Petitions allowed.
Legal Topics
Intestate Succession, Repeal of Local Succession Laws, Equality Rights
Constitutional Law Succession Law Intestate Succession Repeal of Local Succession Laws Equality Rights

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Parties

Mrs. Mary Roy

Petitioner

State of Kerala & Ors.

Respondent

Mandita Pandey, Mrs. K. Hingorani, Mrs. Rekha Pandey

Intervener

Procedural Posture

Writ Petition (civil) Under Article 32 of the Constitution of India / Final Decision

Legal Issues

  1. 1 Whether after the coming into force of the Part B States (Laws) Act, 1951, the Travancore Christian Succession Act, 1092, continued to govern intestate succession to the property of a member of the Indian Christian Community in the territories originally forming part of the erstwhile State of Travancore or whether such intestate succession is governed by the Indian Succession Act, 1925
  2. 2 If the Travancore Christian Succession Act, 1092, continued, whether sections 24, 28, and 29 of that Act are unconstitutional and void as being violative of Article 14 of the Constitution

Ratio Decidendi

On the extension of the Indian Succession Act, 1925, by the Part B States (Laws) Act, 1951, to Travancore-Cochin, the Travancore Christian Succession Act, 1092, stood repealed and intestate succession for Indian Christians in the territories of the former State of Travancore is governed by Chapter II of Part V of the Indian Succession Act, 1925.

Court Disposition

Petitions allowed.

Orders

  • Declared that intestate succession to the property of Indian Christians in the territories of the former State of Travancore is governed by Chapter II of Part V of the Indian Succession Act, 1925.
  • No order as to costs.