MADRAS MARUMAKKATTAYAM ACT, 1933 [THE MADRAS MARUMAKKATTAYAM ACT, 1933][1] [Act No. 22 of 1933] [01st August, 1933] An Act
to define and amend in certain respects the law relating to marriage, guardianship,
intestate succession, family management and partition applicable to persons
governed by the Marumakkattayam law of inheritance Whereas
it is expedient to define and amend in certain respects the law relating to
marriage, guardianship, intestate succession, family management and partition
applicable to persons governed by the Marumakkattayam law of inheritance; And
whereas the previous sanction of the Governor-General has been obtained to the
passing of this Act; It is
hereby enacted as follows:- (1)
This Act may be called the Madras
Marumakkattayam Act, 1933. (2)
It shall apply- (3)
to all Hindus in the [Presidency of Madras][2] who
are governed by the Marumakkattayam law of inheritence; (4)
to all Hindus outside the said Presidency
governed by the said law, in respect of properties within it; and (5)
to all Hindu males, whether governed by the
said law or not, who have contracted or may contract marital alliances with
Hindu females governed by the said law. The
Malabar Marriage Act, 1896 (Repeal of Mad. Act IV of 1896), in so
far as it is applicable to Hindus following the Marumakkattayam law of
inheritance, is hereby repealed. In
this Act, unless there is anything repugnant in the subject or context,- (a)
'anandravan' means any member of a tarwad
other than the karnavan; (b)
'Collector' means the Collector of Malabar or
South Kanara, as the case may be, and includes any Revenue Divisional Officer
who is authorized by the Collector to perform his functions under this Act; (c)
'karnavan' means the oldest male member of a
tarwad or tavazhi, as the case may be, in whom the right to management of its
properties vests or, in the absence of a male member, the oldest female member
or where by custom or family usage the right to such management vests in the
oldest female member, such female member; (d)
'major' means a person who has attained
eighteen years of age; (e)
'marumakkattayam' means the system of
inheritance in which descent is traced in the female line but does not include
the system of inheritance known as the Aliyasantana; (f)
' marumakkattayi' means a person governed by
the, Marumakkattayam law of inheritance; (g)
'minor' means a person who has not attained
eighteen years of age; (h)
'prescribed' means prescribed by rules made
under this Act; (i)
'tarwad' means the group of persons forming a
joint family with community of property governed by the Marumakkattayam law of inheritance; (j)
'tavazhi' used in relation to a female means
the group of persons consisting of that female, her children and all her
descendants in the female line 5 and (k)
'tavazhi' used in relation to a male means
the tavazhi of the mother of that male. (1)
Save as provided in section 5, the conjugal
union of a marumakkattayi female with- (i)
a male belonging to the same community as
such female, or (ii)
a male, not belonging to such community and
whether a marumakkattayi or not,shall be deemed for, all purposes to be a legal
marriage if- (iii) the parties to the union are not related to each other in
such degree of consanguinity or affinity that conjugal union between them is
prohibited by any custom or usage of the community to which they belong or
either of them belongs; and (iv)
the union- (v)
was, openly solemnized in accordance with the
customary ceremonies, if any, prevailing in the community to which the parties
belong or either of them belongs, before the date on which this Act comes into
force and is subsisting on such date; or (vi)
is so solemnized in accordance with such
ceremonies on or after the date on which this Act comes into force and, where
either or both the parties are minors, with the consent of the guardian or
guardians of such minor or minors; or (vii) was registered, as a marriage under the Malabar Marriage
Act, 1896 (Mad. Act IV of 1896), before the date on which this Act comes into
force and is subsisting on such date. (2)
A conjugal union between minors or between a
minor and a major which would otherwise be a valid marriage under sub-section
(1) shall not be deemed to be invalid merely on the ground that the consent of
the guardians or guardian of such minors or minor was not obtained to the union. (3)
Notice of every marriage contracted on or
after the date on which this Act comes into force shall be given by such
person, to such authority, in such form and within such time as may be
prescribed. Failure to give such notice shall be punishable with fine which may
extend to fifty rupees but such failure shall not invalidate the marriage or
affect the legal rights of the parties to or the issue of, such marriage. (1)
During the continuance of a prior marriage
which is valid under section 4, any marriage contracted by either of the
parties thereto on or after the date on which this Act comes into force shall
be void. (2)
On or after the said date, any marriage
contracted by a male with a marumakkattayi female, during the continuance of a
prior marriage of such male, shall be void, notwithstanding that his personal
law permits of polygamy. A
marriage valid under section 4 may be dissolved- (a)
by a registered instrument of dissolution
executed by the parties thereto; or (b)
by an order of dissolution as hereinafter
provided: Provided
that if either or both the parties is or are minors, the marriage shall not be
dissolved until after the party has become a major or both the parties have
become majors as the case may be. (1)
A husband or wife may present a petition for
dissolution of the marriage- (i)
if the place where the marriage was
contracted or the respondent has a permanent dwelling or actually and
voluntarily resides or carries on business or personally works for gain, at the
time the petition is presented, is situated within the local limits of the
jurisdiction of the Court of a District Munsif, in such court; (ii)
if such place is not situated within the
local limits of the jurisdiction of the court of any District Munsif, in the
court of the Subordinate Judge or if there is no such court, in the Court of
the District Judge, within the local limits of whose jurisdiction such place is
situated; and (iii) if such place is situated within the local limits for the
time being of the ordinary original civil jurisdiction of the High Court of
Madras, in the Madras City Civil Court. (2)
The petition shall specify the place where
and the date on which the marriage was contracted and if the respondent was a
minor at the time of the marriage, the name and address of the guardian, if
any, with whose consent the marriage was contracted. A copy
of such petition shall be served at the expense of the petitioner on the
respondent. On the
motion of the petitioner made not earlier than six months after the service of
the copy as aforesaid, if the petition is not withdrawn in the
meantime, the court shall, on being satisfied after
such inquiry as it thinks fit that a marriage which is valid under
section 4 was contracted between the parties, by
order in writing declare the marriage dissolved. The dissolution
shall take effect from the date of such order. The
provisions in the Code of Civil Procedure, 1908, V of 1908, shall, so
far as may be, apply to petitions under this Chapter. No
Court shall entertain a suit for restitution of conjugal rights between the
parties to a marriage valid under section 4. Nothing
contained in this Chapter shall apply to the marriage of any Nambudri woman
following the Marumak-kattayam law of inheritance. (1)
The wife and minor children other than
married minor daughters under the guardianship of their husbands, shall
be entitled to be maintained by the husband or the father, as the
case may be: Provided
that the wife shall not be entitled to maintenance from the husband if she
refuses to live with him without just cause. (2)
Nothing contained in sub-section (2) shall
affect the right of any person to maintenance from his or her tarwad or tavazhi
properties. (3)
In awarding maintenance under sub-section (2)
the Court shall have due regard to the means and circumstances of the person
against and by whom maintenance is claimed and to the reasonable wants of the
person claiming maintenance. The
husband shall be the guardian of his minor wife in respect of her person and
property and, subject to the provisions of section 15, the
father shall be the guardian of his minor children, other than
married minor daughters under the guardianship of their husbands, in
respect of their person and property: Provided
that such guardianship shall not extend to the right and interest of the wife
or children in respect of their tarwad or tavazhi properties: Provided
further that nothing contained in this section shall apply to a female member
of any of the tarwads included in the Schedule or her children, where such
female member resides in her own tarwad house and not with her husband. The
mother shall be the guardian of the person and property of her minor children
if their father is dead or the marriage of their parents is dissolved. Nothing
contained in sections 14 and 15 shall be deemed to affect the operation of the
Guardians and Wards (sic) of 1890 Act, 1890. A
person is deemed to die intestate in respect of all property of which he has
not made a testamentary disposition which is capable of taking effect. Illustrations (i)
A has left no will. He has died intestate in
respect of the whole of his property. (ii)
A has left a will whereby he has appointed B
his executor but the will contains no other provisions. A has died intestate in
respect of the distribution of his property. (iii) A has bequeathed his whole property for an illegal
purpose. A has died intestate in respect of the distribution of his property. (iv)
A bequeathed Rs. 1,000 to B and Rs. 1,000 to
the eldest son of C and made no other bequest and died leaving Rs. 2,000. C
died before A without ever having had a son. A has died intestate in respect of
the distribution of Rs. 1,000. On the
death intestate of a marumakkattayi male his property, which is
self-acquired or separate, shall devolve in the order and according
to the rules contained in sections 19, 20, 21, 22, 23 and 24. Where
the intestate has left surviving him a child or children or a lineal descendant
or descendants in the female line through a deceased daughter or daughters, or
both, and also his mother or a widow or widows or both his mother
and a widow or widows, the whole of the property shall belong to
them. In the absence of the mother and widow, the whole
of the property shall belong to the child or children and such lineal
descendant or descendants; and in the absence of the mother, widow
and child, the whole of the property shall belong to such lineal
descendant or descendants. The
distribution of the property among the heirs referred to in section 19 shall be
made in accordance with the following rules :- (i)
The widow or, if there is more than one
widow, each of the widows, shall be entitled to a share equal to that of a
child. (ii)
The mother shall be entitled to a share equal
to that of a child. (iii) Every child (son or daughter) shall be entitled to an equal
share: Provided
that if a daughter has pre-deceased the intestate, the lineal descendants of
such daughter in the female line, shall be entitled to the share which such
daughter would have taken had she survived the intestate. (iv) Grandchildren by a deceased daughter, shall be entitled
in equal shares to what their mother would have taken had she survived the
intestate: Provided
that if a granddaughter has pre-deceased the intestate the lineal descendents
of such granddaughter in the female line, shall be entitled to the share which
such granddaughter would have taken had she survived the intestate. (v)
In like manner the property shall go to the
surviving lineal descendants of the intestate in the female line where such
descendants are in the degree of great-grandchildren or in a more remote
degree, Explanation
I.-The descendants of a daughter, daughter's daughter or other female
descendant in the female line, shall not be entitled to any share in such
property if such daughter, daughter's daughter or other descendant is alive at
the time of the death of the intestate. Explanation
II-The descendants of a son who has pre-deceased the intestate shall not be
entitled to any share in such property. Illustrations (vi)
Z dies intestate leaving two widows A and B,
his mother C, a son D, a daughter E, a granddaughter F by such daughter, the
lineal descendants of a deceased daughter G and the lineal descendants of a
deceased son H. A, B, C, D and E each gets one-sixth, the lineal descendants of
G get one-sixth of the property. The granddaughter F and the lineal descendants
of H do not get any share. (vii) Z dies intestate leaving no widow or mother, but leaving
A a son, B a daughter, E and F a grandson and a granddaughter by a deceased
daughter C, and a granddaughter G by a deceased daughter D and two
great-granddaughters H and J by a deceased daughter of D. A and B will each be
entitled to one-fourth of Z's property, E and F will each be entitled to
one-eighth, G will be entitled to one-eighth and H and J each to one-sixteenth. (viii)
Z dies intestate leaving no mother, widow or
child, but leaving three grandchildren A, B and C by a daughter X who has
pre-deceased him and two grandchildren D and E by a daughter Y who has also
predeceased him. A, B and C will each be entitled to one-sixth, and D and E
will each be entitled to one-fourth of Z's property. Where
the intestate has not left surviving him any child or lineal descendant in the
female line through a deceased daughter but has left his mother and a widow
or ' widows, one-half of the property shall
devolve on his mother and the other half on his widow or widows in equal shares. In
the absence of a widow, the whole of the property shall belong to
the mother. Where
the intestate has not left surviving him his mother or any child or lineal
descendant in the female line through a deceased daughter but has left a widow
or widows and his mother's tavazhi, one-half of the property
shall devolve on his widow or widows and the other half on his mother's
tavazhi. In the absence of the mother's tavazhi the whole of
the property shall belong to the widow or widows and in the absence of a widow, the
whole of the property shall belong to the mother's tavazhi. Where
the intestate has not left surviving him any of the heirs mentioned in sections
19, 21 and 22 but has left his father and his maternal grandmother's tavazhi,
one-half of the property shall devolve on his father and the other half on his
maternal grandmother's tavazhi. In the absence of the maternal grandmother's
tavazhi, the whole of the property shall belong to the father and in the
absence of the father, the whole of the property shall belong to the maternal
grandmother's tavazhi. Where
the intestate has not left surviving him any of the heirs mentioned in sections
19, 21, 22 and 23, the property shall devolve on the tavazhi of his mother's maternal
grandmother or on the tavazhi of a more remote female ascendant in the female
line, the nearer excluding the more remote. On the
death intestate of a marumakkattayi female, her property which is self-acquired
or separate shall devolve in the order and according to the rules contained in
sections 26, 27, 28 and 29. Where
the intestate has left surviving her, children or lineal
descendants in the female line through deceased daughters or both, the
whole of the property shall belong to them. The
provisions of clauses (iii), (iv) and (v) of section 20 and of Explanations I
and II to that section shall apply to the distribution of the property among
the children and lineal descendants of the intestate. Where
the intestate has not left surviving her any child or lineal descendant in the
female line through a deceased daughter, the whole of the property
shall devolve on her mother's tavazhi. Where
the intestate has not left surviving her any of the heirs mentioned in sections
26 and 27 but has left her husband and her maternal grandmother's tavazhi,
one-half of the property shall devolve on her husband and the other half on her
maternal grandmother's tavazhi. In the absence of the
maternal grandmother's tavazhi, the whole of the property
shall belong to the husband, and in the absence of the husband, the
whole of the property shall belong to the maternal grandmother's tavazhi. Where
the intestate has not left surviving her any of the heirs mentioned in sections
26, 27 and 28, the property shall devolve on the tavazhi of her mother's
maternal grandmother or on the tavazhi of a more remote female ascendant in the
female line, the nearer excluding the more remote. (1)
On the death intestate of a male not being a
marumakkattayi (i)
who- (ii)
has, before the date on which this Act comes
into force, contracted a marriage with a marumakkattayi female which is valid
under section 4; or (iii) has contracted on or after such date a marriage with a
marumakkattayi female which is valid under that section; and (iv)
who has left surviving him by such marriage
or marriages one or more of the following relations, namely:- (v)
a widow or widows, (vi)
children, (vii) lineal descendants in the female line through deceased
daughters such relation or relations shall be entitled, if the intestate has
also left relations who are heirs according to the personal law by which he is
governed, to one-half of his property which is separate or self-acquired and if
the intestate has left no such heirs, to the whole of such property: Provided
that the reasonable funeral expenses of the intestate shall first be deducted
from such separate or self-acquired property. (2)
The property devolving on the relations
referred to in sub-clauses (a), (b) and (c) of clause (ii) of sub-section (2)
shall be distributed among them in accordance with the rules contained in
clauses (i), (iii), (iv) and (v) of section 20 and Explanations I and II to
that section. (1)
The senior major male member among the
children and other lineal descendants through deceased daughters of the
intestate or in the absence of any such male member, the widow, or
if there is more than one widow, the senior among such widows, shall be
entitled to possession and management of the property referred to in sections
19, 21, 22 and 26 until division is effected. (2)
In the case of the property referred to in
section 30, if the intestate has left relations who are heirs according to the
personal law by which he is governed, such heirs shall be entitled to
possession and management of the property until division is effected. (3)
The karnavan of the tavazhi mentioned in
sections 23, 24, 27, 28 and 29 shall be entitled to possession and management
of the property referred to therein until division is effected. The
karnavan shall keep true and correct accounts of the income and expenditure of
the tarwad. The accounts of each year shall be available for
inspection at the tarwad house by the major anandravans once in a year
throughout the month of Kanni following such year and any such anandravan may
take copies of or extracts from such accounts. (1)
Except for cosideration and for tarwad
necessity or benefit and with the written consent of the majority of the major
members of the tarwad, no karnavan shall sell immovable property of
the tarwad or mortgage with possession or lease such property for a period
exceeding twelve years. (2)
No mortgage with 'possession or lease with
premium returnable wholly or in part, of any such property executed by a
karnavan for a period not exceeding twelve years, shall be valid unless such
mortgage or lease is for consideration and for tarwad necessity or benefit. (3)
Nothing contained in this section shall be
deemed to restrict the power of the karnavan to grant, in the usual course of
management, for a period not exceeding twelve years, any lease without premium
returnable wholly or in part, or the renewal of an existing kanom. No
debt contracted or mortgage without possession executed by a karnavan shall
bind the tarwad unless the debt is contracted or the mortgage is executed, for
tarwad necessity. Every
member of a tarwad, whether living in the tarwad house or not, shall
be entitled to maintenance consistent with the income and the circumstances of
the tarwad. Any
karnavan may, by a registered document, give up his
rights as karnavan. The provisions
of this Chapter shall apply to every tavazhi possessing separate properties as
if it were a tarwad. (1)
Any tavazhi represented by the majority of
its major members may claim to take its share of all the properties of the
tarwad over which it has power of disposal and separate from the tarwad: Provided
that no tavazhi shall claim to be divided from the tarwad during the lifetime
of an ancestress common to such tavazhi and to any other tavazhi or tavazhis of
the tarwad except with the consent of such ancestress, if she is a member of
the tarwad. (2)
The share obtained by the tavazhi shall be
taken by it with the incidents of tarwad property. Explanation.-For
the purposes of this Chapter, a male member of a tarwad or a female member
thereof without any living child or descendant in the female line, shall be
deemed to be a tavazhi if he or she has no living female ascendant who is a
member of the tarwad. Notwithstanding
anything contained in section 38, any member of a tarwad who has changed his or
her religion may claim or be compelled by any other member of the tarwad, to
take his or her share of all the tarwad properties over which it has power of
disposal and separate from the tarwad. (i)
In the case referred to in section 38, the
tavazhi shall be entitled to such share of the tarwad properties as would fall
to the tavazhi if a division per capita were made among all the members of the
tarwad then living. (ii)
In the case referred to in section 39, the
member who claims or is compelled to divide from the tarwad, shall be entitled
to such share of the tarwad properties as would fall to such member if a
division per capita were made among all the members of the tarwad then living. The
provisions of this Chapter shall apply to every tavazhi possessing separate
properties as if it were a tarwad. (1)
Every tarwad included in the Schedule shall
be an impartible tarwad and the provisions of Chapter VI shall not apply to
such tarwad unless and until it is registered as a partible tarwad. (2)
Not less than two-thirds of the major members
of a tarwad referred to in sub-section (1) may at any time present a petition
to the Collector' for the registration of the tarwad as partible. (3)
Such petition shall be in such form and
contain such particulars as may be prescribed. (4)
If, after giving notice to all the major
members of the tarwad and making such inquiry as he deems fit, the Collector is
satisfied that not less than two-thirds of the major members of the tarwad have
signed the petition with their free consent and desire the registration of the
tarwad as partible, he shall register the tarwad as partible. (5)
On such registration, the provisions of
Chapter VI shall apply to such tarwad. (1)
Not less than two-thirds of the major members
of a tarwad may, at any time, present a petition to the
Collector for the registration of the tarwad as impartible. (2)
Such petition shall be in such form and
contain such particulars as may be prescribed. (3)
If, after giving notice to all the major
members of the tarwad and making such inquiry as he deems fit, the Collector is
satisfied that not less than two-thirds of the major members of the tarwad have
signed the petition with their free consent and desire the registration of the
tarwad as impartible, he shall register the tarwad as impartible. (4)
On such registration, the provisions of
Chapter VI shall not apply to such tarwad unless and until the registration is
cancelled under section 44. (1)
Not less than two-thirds of the major members
of a tarwad registered as impartible under section 43 may at
any time present a petition to the Collector for the cancellation of such
registration. (2)
Such petition shall be in such form and contain
such particulars as may be prescribed. (3)
If, after giving notice to all the major
members of the tarwad and making such inquiry as he deems fit, the Collector is
satisfied that not less than two-thirds of the major members of the tarwad have
signed the petition with their free consent and desire the cancellation of the
registration, he shall cancel such registration. The
Collector shall, for the purposes of this Chapter, have the same powers as are
vested in a court under the Code of Civil Procedure, 1908 (V of 1908), when
trying a suit, in respect of the following matters, namely:- (a)
enforcing the attendance of any person and
examining him on oath or affirmation; (b)
compelling the production of documents; and (c)
issuing commissions for the examination of
witnesses and any proceeding before the Collector under this Chapter shall be
deemed to be a judicial proceeding. The
order of the Collector registering a tarwad as partible under section 42 or
registering a tarwad as impartible under section 43 or cancelling such
registration under section 44, shall be final and shall not be questioned in
any civil court. The
Collector shall keep a register of all petitions presented to him under
sections 42, 43 and 44 and of all orders passed by him on such petitions and
shall, at all reasonable times, allow search to be made in such register and
shall, on payment of the prescribed fee, give a copy, certified under his hand,
of any entry therein. Where
a person bequeaths or makes a gift of any property to, or purchases
any property in the name of, his wife alone or his wife
and one or more of his children by such wife J together, such
property shall, unless a contrary intention appears from the will
or deed of gift or purchase or from the conduct of the parties, be
taken as tavazhi property by the wife, her sons and daughters by
such person and the lineal descendants of such daughters in the female line: Provided
that in the event of partition of the property taking place under Chapter VI,
the property shall be divided on the stirpital principle,' the wife being
entitled to a share equal to that of a son or a daughter. (1)
The [Provincial Government][3] may
make rules consistent with this Act to carry into effect the purposes thereof. (2)
In particular and without prejudice to the
generality of the foregoing power, such rules may provide for- (a)
all matters expressly required or allowed by
this Act to be prescribed; and (b)
the procedure to be followed in respect of
applications under Chapter VII. (3)
All rules made under this section shall be
published in the [official Gazette][4] and
on such publication shall have effect as if enacted in this Act. Nothing
contained in this Act shall- (a)
be deemed to confer any rights on the parties
to or the issue of any marriage which is dissolved before this Act comes into
force, or (b)
be deemed to affect any rule of
Marumakkattayam law, custom or usage, except to the extent expressly laid down
in this Act. Schedule - SCHEDULE SCHEDULE [See the second proviso to section 14 and
sub-section (1) of section 42] List of Impartible Tarwads 1.
The Zamorin's family consisting of- (a)
Puthia Kovilakom situate in Thiruvanoor,
Calicut taluk, (b)
Patinhare Kovilakom situate in Mankav,
Calicut taluk, and (c)
Kizhake Kovilakom situate at Kottakal, Ernad
taluk 2.
The Chirakal Kovilakom near Cannanore. 3.
The Nilambur Kovilakom in Nilambur amsam,
Ernad taluk 4.
The Kizhake Kovilakom of the Kottayam Raja's
family, Kottayam taluk. 5.
The Thekke Koviakom of the Kottayam Raja's
family, Kottayam taluk. 6.
The Patinhare Kovilakom of Kottayam Raja's
family in Kottayam taluk. 7.
Ayancheri Kovilakom in Purameri amsam, Kurumbranad
taluk. 8.
The Edavalath Kovilakom in Purameri amsam
Kurumbranad taluk. 9.
The Ayiranazhi Kovilakom of the Walluvanad
Raja's family in the Walluvanad taluk. 10. The Kadannamana Kovilakom of the Walluvanad Raja's family
in the Walluvanad taluk. 11. The Mankada Kovilakom of the Walluvanad Raja's family in
the Walluvanad taluk. 12. The Aripura Kovilakom of the Walluvanad Raja's family in
the Walluvanad taluk. 13. The tarwad from which the Kuthiravattath Nair attains
stanom, situate in Pulapatta amsam, Walluvanad taluk. 14. The tarwad from which the Punnathur Raja attains stanom,
situate in Kottapadi amsam, Ponnani taluk. 15. The Venganad Kovilakom of the Venganad or of Kollengode
Valia Nambidi. 16. The Mayapadi Raja's family of Kasaragod taluk. 17. The Neleswar Raja's family of Kasaragod taluk.
Preamble - MADRAS MARUMAKKATTAYAM ACT, 1933PREAMBLE