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Menon (Propreitor)     02 September 2023

Family property

My grand mother died intestate in 1993 when she was 90 years. She has left behind landed property and a house in Palakkad district, Kerala. Property was acquired by her in 1940. Her 9 children ( 5 are alive) and grand children want to go for partition. I need advise on the queries raised below.

1. Since she died in 1993, will law of Marumakkathayam  be applicable or will it be under Hindu Succession Act 1956.

2. My grand mother's children and grand children put together there are about 25 members. Please advise if the property will be divided among 8 children or 25 members including children and grand children.

Your expert opinion is awaited.

Many Thanks

Krishna Menon

 



Learning

 3 Replies

P. Venu (Advocate)     02 September 2023

The query is repeated, may be a technical error.

T. Kalaiselvan, Advocate (Advocate)     03 September 2023

In the Marumakkattayam law, which prevailed in Kerala wherein the families were joint families, a household consisted of the mother and her children with joint rights in property. The lineage was traced through the female line.

It is believed that your grandmother belonged to Hindu religion, hence she will be covered under the said laws only, therefore the properties left behind by her shall devolve on her legal heirs as per Hindu Succession Act, 1956.

Dr. J C Vashista (Advocate )     03 September 2023

Third time same query has been posted ????


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