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.