Hindu Succession Act,1956
Act No : 30
Section :
Devolution of interest in the property of a tarwad, tavazhi, kutumba,kavaru or illom.
7. Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom. (1)When a Hindu to whom the marumakkattayam or nambudri law would have applied if this Act had not been passed dies after the commencement of this Act, having at the time of his or her death an interest in the property of a tarwad, tavazhi or illom, as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the marumakkattayam or nambudri law. Explanation.-For the purposes of this sub-section, the interest of a Hindu in the property of a tarwad, tavazhi or illom shall be 174 deemed to be the share in the property of the tarwad, tavazhi or illom, as the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members of the tarwad. tavazhi or illom, as the case may be,. then living, whether he or she was entitled to claim such partition or not under the marumakkattayam or nambudri law applicable to him or her, and such share shall be deemed to have been allotted to him or her absolutely. (2) When a Hindu to whom the aliyasantana law would have applied if this Act had not been passed dies after the commencement of this Act, having at the time of his or her death an undivided interest in the property of a kutumba or kavaru, as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the aliyasantana law. Explanation.-For the purposes of this sub-section, the interest of a Hindu in the property of a kutumba or kavaru shall be deemed to be the share in the property of the kutumba or kavaru, as the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members of the kutumba or kavaru, as the case may be, then living, whether he or she was entitled to claim such partition or not under the aliyasantana law, and such share shall be deemed to have been allotted to him or her absolutely. (3) Notwithstanding anything contained in sub-section (1), when a sthanamdar dies after the commencement of this Act, the sthanam property held by him shall devolve upon the members of the family to which the sthanamdar belonged and the heirs of the sthanamdar as if the sthanam property had been divided per capita immediately before the death of the sthanamdar among himself and all the members of his family then living,, and the shares falling to the members of his family and the heirs of the sthanamdar shall be held by them as their separate property. Explanation.-For the purposes of this sub-section, the family of a sthanamdar shall include every branch of that family, whether divided or undivided, the male members of which would have been entitled by any custom or usage to succeed to the position of sthanamdar if this Act had not been passed, 175
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Shambasiv
wrote on 02 May 2009
Devolution of the undivided interest of the deceased or the separate property of the deceased is to be in accordance with the s.7 (2) and s.17 of the Hindu Succession Act only.- Ramanaraj v. Jagannath AIR 1982 Kar 270
Shambasiv
wrote on 02 May 2009
The mode of devolution which s.36 (5) of the Aliyasanthana Act prescribes has to give way to the provisions of s.8 of the Hindu Succession Act prescribing a different mode of succession.-Ramanaraj v. Jagannath AIR 1982 Kar 270
