MADRAS ALIYASANTANA (KARNATAKA AMENDMENT) ACT, 1961

Preamble 1 - THE MADRAS ALIYASANTANA (KARNATAKA AMENDMENT) ACT, 1961

THE MADRAS ALIYASANTANA ([1] [KARNATAKA] AMENDMENT) ACT, 1961

[Act No. 1 of 1962]

PREAMBLE

[11th January 1962]

 An Act to amend the Madras Aliyasantana Act, 1949.

 WHEREAS it is expedient to amend the Madras Aliyasantana Act, 1949 (Madras Act IX of 1949) ;

 BE it enacted by the [2] [Karnataka] State Legislature in the Twelfth Year of the Republic of India as follows:-

Section 1 - Short title

(1)     This Act may be called the Madras Aliyasantana (Karnataka Amendment) Act, 1961.

Section 2 - Insertion of new section 34A

In Chapter VI of the Madras Aliyasantana Act, 1949 (Madras Act IX of 1949) (hereinafter referred to as the principal Act), before section 35, the following section shall be inserted, namely :-

"34A. Application of provisions of this Chapter.-

(1)     The provisions of sections 35, 36 and 37 shall apply to every partition of properties of a kutumba or kavaru effected by metes and bounds before the date of commencement of the Madras Aliyasantana (Karnataka Amendment) Act, 1961, and to every partition claimed under section 35 before the said date.

 

(2)     The provisions of section 37A shall apply to every partition claimed on or after the date of commencement of the Madras Aliyasantana (Karnataka Amendment) Act, 1961."

Section 3 - Amendment of section 36

In sub-section (2) of section 36 of the principal Act, clauses (e), (f) and (g) shall be omitted.

Section 4 - Amendment of section 37

In section 37 of the principal Act,-

(i)       in the marginal note for the word "Chapter", the words and figures "sections 35 and 36" shall be substituted;

 

(ii)      for the words "this Chapter", the words and figures "sections 35 and 36", shall be substituted.

Section 5 - Insertion of new section 37A

After section 37 of the principal Act, the following section shall be inserted, namely :-

"37A. Partition of properties of a kutumba or kavaru after the commencement of the Madras Aliyasantana (Karnataka Amendment) Act, 1961.-

(1)     On and after the date of commencement of the Madras Aliyasantana (Karnataka Amendment) Act, 1961, any male or female member of a kutumba or kavaru having undivided interest in the properties of the kutumba or kavaru shall be entitled to claim partition of his or her share in the properties of the kutumba or kavaru, as the case may be.

 

(2)     Where any male or female member of a kutumba or kavaru entitled to claim partition under sub-section (1), claims partition of his or her share, such person shall be allotted such share in the properties of the kutumba or kavaru, as the case may be, that would fall to him or her if a division of such properties were made per capita among all the members of the kutumba or kavaru, as the case may be, living on the date on which the partition is claimed.

 

(3)     The share which a male or female member of the kutumba or kavaru is entitled to take at a partition under sub-section (2) shall vest in him or her absolutely with effect from the date on which the partition is claimed.

Explanation.-For the purposes of sub-sections (2) and (3), the date on which the partition is claimed shall b-

(i)       where the claim is made by a suit for partition, the date of the institution of the suit (whether the suit is prosecuted or not), and

 

(ii)      where the claim is made otherwise than by a suit, the date on which such claim is made."