Mary Roy v State of Kerala
Rule established
The Indian Succession Act 1925 applies uniformly to all Indian Christians, displacing the Travancore Christian Succession Act 1916; daughters inherit equally with sons.
Facts
- Under the Travancore Christian Succession Act 1916, a daughter could receive only one-fourth of the share of a son, or Rs. 5,000, whichever was less. Mary Roy and other Christian women challenged this as violating Articles 14 and 15.
Issue
- Whether the Indian Succession Act 1925 applied to Christians in the former Travancore State, displacing the local succession statute.
Held
- The ISA applied. The Part B States (Laws) Act 1951 (earlier the 1950 Act) extended all central enactments to former Princely States. The Travancore Act was impliedly repealed. Daughters of Indian Christians throughout India inherit equally with sons under Part V of the ISA.
Ratio Decidendi
(1) The ISA 1925 is a central enactment extended to all of India. (2) Local Acts inconsistent with it stand impliedly repealed. (3) There is no room for a separate Christian succession regime for any territory after 1951.
How to use it in an exam
- The foundational case for any question on Christian intestate succession in India
- Cite wherever a local Christian succession statute is invoked
- Pair with the ISA S.33 to S.49 provisions on distribution
Source
Source: AIR 1986 SC 1011
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Family Law IIIntestate Succession of Christians under the Indian Succession Act 1925Made the ISA the uniform national law, daughters inherit equally
Family Law IIMaintenance to Dependents and SpousesChanged the property base of Christian women in Kerala