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1986 Supreme(SC) 46

R. S. PATHAK, P. N. BHAGWATI
Mary Roy – Appellant
Versus
State Of Kerala – Respondent


Advocates:
C.S.VAIDYANATHAN, D.N.Mishra, G.P.Pal, G.VISHVANATHA IYER, HEMANT SHARMA, INDIRA JAISINGH, K.HINGORANI, KAMINI JAISWAL, MADHU MULCHANDANI, MANDITA PANDEY, O.P.Sharma, P.K.PALLI, R.N.Poddar, REKHA PANDEY, S.SUKUMARAN, V.J.Francis

Judgment

BHAGWATI, C.J.I. :- These Writ Petitions raise an interesting question as to whether after the coming into force of the Part B States (Laws) Act, 1951, The Travancore Christian Succession Act, 1092 continues 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 is such intestate succession governed by the Indian Succession Act, 1925 and if it continues to be governed by the Travancore Christian Succession Act, 1092, whether Ss. 24, 28 and 29 of that Act are unconstitutional and void as being violative of Art. 14 of the Constitution. This question is of great importance because it affects the property rights of women belonging to the Indian Christian Community in the territories of the former State of Travancore. It is not necessary for the purpose of deciding this question to refer to the facts of any particular Writ Petition. It will be sufficient to trace the history of the legislation in regard to intestate succession to the property of members of the Indian Christian Community in the territories forming part of the erstwhile State of Travancore.

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