KERALA JOINT
HINDU FAMILY SYSTEM (ABOLITION) ACT, 1975 [1] [THE KERALA JOINT HINDU FAMILY SYSTEM (ABOLITION) ACT,
1975 [Act No. 30 of 1976] An Act to abolish the Joint Family System
among Hindus in the State of Kerala. Whereas
it is expedient to abolish the Joint Family System among Hindus in the State of
Kerala; Be it
enacted in the Twenty-sixth Year of the Republic of India as follows: (1)
This Act may be called the Kerala Joint Hindu
Family System (Abolition) Act, 1975. (2)
It extends to the whole of the State of
Kerala. (3)
It shall come into force on such date as the
Government may, by notification in the Gazette, appoint.[2] In
this Act, "Joint Hindu Family" means any Hindu family with community
of property and includes- (1)
a tarwad or thavazhi governed by the Madras
Marumakkathayam Act, 1932, the Travancore Nayar Act, 11 of 1100, the Travancore
Ezhava Act, III of 1100,-the Nanjinad Vellala Act of 1101, the Travancore
Kshatriya Act of 1108, the Travancore Krishnavaka Marumakkathayam Act, VII of
1115, the Cochin Nayar Act, XXIX of 1113, or the Cochin Marumakkathayam Act,
XXXIII of 1113; (2)
?a
kutumba or kavaru governed by the Madras Aliyasanthana Act, 1949; (3)
?an
illom governed by the Kerala Nambudiri Act 1958; and (4) an undivided Hindu
family governed by the Mitakshara law. On and
after the commencement of this Act no right to claim any interest in any
property of an ancestor during his or her life-time which is founded on the
mere fact that the claimant was born in the family of the ancestor shall be
recognised in any court. (1)
All members of an undivided Hindu Family
governed by the Mitakshara Law holding any coparcenary property on the day this
Act comes into force shall with effect from that day, be deemed to hold it as
tenants-in-common as if a partition had taken place among all the members of
that undivided Hindu Family as respects such property and as if each one of
them, holding his or her share separately as full owner thereof: Provided that
nothing in this sub-section shall affect the right to maintenance or the right
to marriage or funeral expenses out of the coparcenary property or the right to
residence, if any, of the members of an undivided Hindu Family, other than
persons who have become entitled to hold their shades separately, and any such
right can be enforced as if this Act had not been passed. (2)
All members of a Joint Hindu Family, other
than an undivided Hindu Family, referred to in sub-section (1), holding any
Joint Family property on the day this Act comes into force, shall, with effect
from that day be deemed to hold it as tenants-in-common, as if a partition of
such property per capita had taken place among all the members of the family
living on the day aforesaid, whether such members were entitled to claim such
partition or not under the law applicable to them, and as if each one of the
members is holding his or her share separately as full owner thereof." (1)
After the commencement of this Act, no court
shall, save as provided in sub-section (2) recognise any right to proceed
against a son, grandson, or great-grandson for the recovery of any debt due
from his father, grandfather, great-grandfather or any alienation of property
in respect of or in satisfaction of any such debt on the ground of the pious
obligation under the Hindu law, the son, grandson or great-grandson to
discharge any such debt. (2)
In the case of any debt contracted before the
commencement of this Act, nothing contained in sub-section (1) shall effect (a)
the right of any creditor to proceed against
the son, grandson or great-grandson, as the case may be; or (b)
any alienation made in respect of, or in
satisfaction of, any such debt, and any such right or alienation shall be enforceable
under the rule of pious obligation in the same manner and to the same extent as
it would have been enforceable if this Act has not been passed. Explanation:
For the purpose of sub-section (2), the expression "son"
"grandson" or "great grandson" shall be deemed to refer to
the son, grandson or great-grandson, as the case may be, who was born or
adopted prior to the commencement of this act. Where
a debt binding on a Joint Hindu family has been contracted before the
commencement of this Act by the Karanavan, Yejman, Manager or Kartha, as the
case may be, of the family, nothing herein contained shall affect the liability
of any member of the family to discharge any such debt and any such liability
may be enforced against all or any of the members liable therefore in the same
manner and to the same extent as it would have been enforceable if this Act has
not been passed. (1)
Save as otherwise expressly provided in this
Act, any text, rule or interpretation of Hindu Law or any custom or usage as
part of that law in force immediately before the commencement of this Act shall
cease to have effect with respect to any matter for which provision is made in
this Act. (2)
The Acts mentioned in the Schedule, in so far
as they apply to the whole or any part of the State of Kerala, are hereby
repealed. [3] [ Notwithstanding
anything contained in this Act or in any other law for the time being in force,
Proclamation (IX of 1124) dated the 29th June, 1949, promulgated by the
Maharaja of Cochin, as amended by the Valiamma Thampuran Kovilakam Estate and
the Palace Fund (Partition) and the Kerala Joint Hindu Family System
(Abolition) Amendment Act, 1978, and the Valiamma Thampuran Kovilakam Estate
and the Palace Fund (Partition) Act, 1961 (16 of 1961), as amended by the said
Act, shall continue to be in force and shall apply to the Valiamma Thampuran
Kovilakam Estate and the Palace Fund administered by the Board of Trustees
appointed under section 3 of the said Proclamation.] Schedule - SCHEDULE SCHEDULE [See section 7(2)] Acts Repealed (1) The Madras
Marumakkathayam Act, 1932 (XXII of 1933); (2) The Madras
Aliyasanthana Act, 1949 (IX of 1949) ; (3) The
Travancore Nayar Act, II of 1100; (4) Travancore
Ezhava Act, III of 1100; (5) The
Najinad Vellala Act of 1101 (VI of 1101); (6) The
Travancore Kshatriya Act of 1108 (VII of 1108); (7) The
Travancore Krishnavaka Marumakkathayee Act (VII of 1115); (8) The Cochin
Thiyya Act, VIII of 1107; (9) The Cochin
Makkathayam Thiyya Act, XVII of 1115; (10) The Cochin
Nayar Act XXIX of 1113; (11) The Cochin
Marumakkathayam Act, XXXIII of 1113; (12) The Kerala
Nambudiri Act, 1958 (27 of 1958):
Preamble - THE KERALA JOINT HINDU FAMILY
SYSTEM (ABOLITION) ACT, 1975PREAMBLE