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january 1960

Supreme Court of India · 1960-01-14

1. R. MUTHAMMAL (Died)2. PARAMESWARI THAYAMMAL vs SRI SUBRAMANIASWAMI DEVASTHANAM,TIRUCHENDUR

Citation / case number
SC 1955/16
Court
Supreme Court of India
Petitioner
1. R. MUTHAMMAL (Died)2. PARAMESWARI THAYAMMAL
Respondent
SRI SUBRAMANIASWAMI DEVASTHANAM,TIRUCHENDUR
Author
M. HIDAYATULLAH
Bench
M. HIDAYATULLAH

Judgment text excerpt

The Supreme Court ruled that under Hindu law, lunacy does not need to be congenital to exclude an individual from inheritance, provided the lunacy existed at the time succession opened. The Court approved the decisions in Muthusami v. Meenammal (1920) and Wooma Parshad Roy v. Grish Chunker Prochundo (1884), while disapproving Murarji Gokuldas v. Parvatibai (1876) and Sanku v. Puttamma (1891). The appeal was decided in favor of the Devasthanam, affirming the exclusion of the lunatic from inheritance rights.

1. R. MUTHAMMAL (Died)2. PARAMESWARI THAYAMMAL vs SRI SUBRAMANIASWAMI DEVASTHANAM,TIRUCHENDUR · Niyam