MUSLIM MARUMAKKATHAYAM ACT, 1939

Preamble - THE MUSLIM MARUMAKKATHAYAM ACT, 1939

 

THE MUSLIM MARUMAKKATHAYAM ACT, 1939

[Act No. 17 of 1939]

PREAMBLE

Whereas it is expedient to define and amend in certain respects the law relating to family management, partition and succession among the [1] [Muslims] following the Marumakkathayam Law; it is hereby enacted as follows:-

 

Section 1 - Short title

(a)      This Act may be called The [2] [Muslim] Marumakkathayam Act, [3] [1939]

[4] (b) ?Extent.--

[5] [It shall apply to all Muslims following the Marumakkathayam Law, who are either domiciled in the State of Kerala, or have property situate within the State of Kerala.]

 

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context;-

(a)      "Anandravan" means any member of a tarwad or tavazhi, as the case may be, other than the karanavan.

 

(b)      "Karanavan" means the oldest major 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 such a male member the oldest major female member; or where by custom or family usage the right to such management vests in the oldest major female member, such female member.

 

(c)      "Major" means a person who has attained eighteen years of age.

 

(d)      "Marumakkathayam" means the system of inheritance of which descent is traced in the female line

 

(e)      "Minor" means a person who has not attained eighteen years of age.

 

(f)       "Tarwad" means a joint family which includes all its members with community of property governed by the Marumakkattayam Law.

 

(g)      "Thavazhi" means a branch of a tarwad consisting of a female, her children and all her descendants in the female line.

 

Section 3 - Duty of the karanavan to maintain an inventory

The karanavan shall maintain a true and correct inventory of all the movable and immovable properties belonging to the tarwad.

 

Section 4 - Duty of the karanavan to keep accounts

The karanavan shall keep true and correct accounts of the income and expenditure of the tarwad.

 

Section 5 - Right of anandravans to inspect inventory and accounts

(1)     The inventory and the accounts of each year of the Malabar Era, shall be available for inspection at the tarwad house by the major anandravans throughout the month of Vrischikam following such year, and any such anandravan may take copies of or extracts from the same.

 

(2)     If the inventory or accounts are not made available for inspection as provided for in sub-section (1). the Court of a District Munsiff having jurisdiction over the place where the tarwad house is situated may, on application by any major anandravan, and after notice to the karanavan, pass an order causing the inventory or accounts to be produced in court and allowing the anandravans to inspect, or to take copies of or extracts from, such inventory or accounts.

 

Section 6 - Right of every member for maintenance

Every member of a tarwad whether living in the tarwad house or not, shall be entitled to maintenance consistant with the income and the circumstances of the tarwad.

 

Section 7 - Investment of surplus income

Any surplus left out of the income of a tarwad after providing for the customary or legitimate expenses of the tarwad including charges pertaining to the education, marriage, or death of the members of the tarwad, and the charges necessary for zakat and the proper maintenance or upkeep of the tarwad properties, shall be applied by the karanavan in the purchase of immovable property for the tarwad or otherwise invested to the best advantage of he tarwad.

 

Section 8 - Alienation of immovable property by Karanavan

[6] [(1) No sale or mortgage of any immovable property of a Tarwad and no lease of any such property either for a premium returnable wholly or in part or for a period exceeding twelve years shall be valid, unless it is executed by the karanavan for consideration, for Tarwad necessity or benefit, and with the written consent of the majority of the major members of the Tarwad.

(2) ??No lease of any immovable property of a Tarwad in cases not referred to in sub-section (1) shall be valid unless it is executed by the Karanavan and where the Malabar Tenancy Act, 1929, confers fixity of tenure on the lessee, unless also the written consent of the majority of the major members of the Tarwad has been obtained to the lease.

(3) ??Nothing contained in sub-section (1) or sub-section (2) shall be deemed to affect the validity of any mortgage or lease executed on or before the date on which the Mappilla Marumakkattayam (Amendment) Act 1954, comes into force, in accordance with the law in force at the time of such execution.]

 

Section 9 - Debt contracted by karanavan when binding on tarwad

No debt contracted or mortgage without possession executed by a karanavan shall bind the tarwad unless the debt is contracted or the mortgage is executed for tarwad necessity.

 

Section 10 - Immovable property when liable for attachment or sale for maintenance

No immovable property of the tarwad shall be liable to attachment or sale in execution of any decree obtained by an anandravan for maintenance until after the decree-holder has exhausted his remedies, if any, against the personal property of the karanavan or the income of the tarwad property.

 

Section 11 - Right to remove karanavan by suit

An anandravan may institute a suit in a Civil Court for the removal of the karanavan.

(i)?? ?for any malfeasance, miseasance breach of trust or neglect of duty in respect of the tarwad;

(ii) ??for any misappropriation or improper dealing with the income or the properties of the tarwad;

(iii) ??for unsoundness of mind or any physical infirmity which unfits him for discharging the functions of a karanavan;

(iv)? ?for persistent default in the maintenance of inventory referred to in Section 3 or the accounts referred to in Section 4 or in making them available for inspection by the anandravans under Section 5; or

(v)? ?for any other sufficient cause which, in the opinion of the Court makes his continuance as karanavan injurious to the interests of the tarwad.

 

Section 12 - Relinquishment of right of management by karanavan

Any karanavan may, by a registered document, give up his right of management.

 

Section 13 - Right of individual members to claim partition

Any individual member of a tarwad may claim to take his or her share of the properties of the tarwad over which the tarwad has power of disposal and separate from the tarwad.

 

Section 13A - Devolation of interest in the property of Tarwad

[7] [When any member of Muslim Tarwad dies after the date of publication of the Mappilla Marumakkattayam (Amendment) Bill, 1962, in the Gazette, namely 3rd September 1962 having at the time of his or her death an interest in the property of the Tarwad, his or her interest in the property shall devolve according to the Muslim Personal Law (Shariat) and not according to the Marumakkattayam Law. Notwithstanding anything contained in this Act any person on whom such right devolves may claim to take his or her share of the properties of the Tarwad.

Explanation. For the purpose of this section the interest of a member of a Muslim Tarwad in the property of the Tarwad shall be deemed to be the share in the property of the Tarwad 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 the members of the Tarwad then existing, and auch share shall be deemed to have been allotted to him or her absolutely.]

 

Section 14 - Right of tavazhi to claim partition

Two or more members belonging to the same tavazhi, may claim to take their share of the properties of the tarwad over which the tarwad has power of disposal, separate from the tarwad, and enjoy the same jointly, with all the incidents of the tarwad property.

 

Section 15 - Representation of minor in claim to partitions

For purposes of Section 13 and 14 a minor member of a tarwad shall be represented by his or her mother and in the absence of the mother, by his or her guardian under the Islamic Law.

 

Section 16 - Parition of tarwad house

In a partition of tarwad properties, unless two thirds of the members of the tarwad desire to the contrary, the tarwad house including the site or sites of any building appurtenant thereto, and such other land, as is necessary for the convenient enjoyment of the tarwad house shall be kept undivided for the common use of all the members of the tarwad in which case, the charges of up keep and maintenance of the tarwads house shall be borne by the member or members that live in the house.

 

Section 17 - Ascertainment of share at partition

In case of a division under Section 13 or Section 14, the individual member, or the members of the tavazhi as the case may be, shall be entitled to such share or shares of the tarwad properties as would fall to such individual member or to such individual member or to such members, if a division Per capita were made among all the members of the tarwad then existing.

 

Section 18 - Subsequent devolution of the property

Succession to the property obtained by an individual member on partition shall be governed by the Islamic Law of inheritance.

 

Section 19 - Exemption of Arakkal family from partition

The provisions of this chapter shall not apply to the Arakkal family or to the stanom properties of the Ali Rajas of Cannanore.

 

Section 20 - Registration as impartible tarwad

(1)     If within a year from the passing of this Act not less than two-thirds of the major members of a tarwad present a petition to the Collector of the district in such form and with such particulars as may be prescribed, he shall, after satisfying himself that not less then two-thirds of the major members of the tarwad consent and desire the registration of the tarwad as impartible, register the tarwad as impartible.

 

(2)     On such registration the provisions of Chapter III shall not apply to such tarwad unless and until the registration is cancelled under Section 21.

 

(3)     During the pendency of a petition under sub-section (1) of this Section, all proceedings in Court if any under Chapter III shall be stayed.

 

Section 21 - Cancellation of Registration

(1)     If at any time after the registration of a tarwad as imaprtible, not less than two-thirds of the members of the tarwad present a petition to the Collector in such form and with such particulars as may be prescribed for the cancellation of such registration the Collector shall, after satisfying himself that not less than two-thirds of the major members of the tarwad consent and desire the cancellation of the registration, cancel such registration.

 

(2)     On such cancellation the provisions of Chapter III shall apply to such tarwad.

 

Section 22 - Collector's powers

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 when trying a suit in respect of the following matters, namely :-

(a)      enforcing of attendance of any person and examining him on oath of affirmation;

 

(b)      compelling the production of documents; and

 

(c)      issuing commissions for the examination of witnesses;

and any proceeding before Collector under this Chapter shall be deemed to be a judicial proceeding.

 

Section 23 - Collector's order to be final

The order of the Collector registering a tarwad as impartible under Section 20 or cancelling such registration under Section 21, shall be final and shall not be questioned in any Civil Court.

 

Section 24 - Collector to maintain a register

The Collector shall keep a register of all petitions presented to him under Sections 20 and 21 and of all orders passed by him on such petitions and shall on payment of the prescribed fee, give a copy, certified under his hand, of any entry therein.

 

Section 25 - Chapter II and III to apply to tavazhi

The provisions of Chapters II and III shall apply to every tavazhi possessing separate properties as if it were a tarwad.

 

Section 26 - Provincial government to make rules

The Provincial Government may make rules consistent with this Act carry out the provisions thereof and these rules shall have effect as if enacted in this Act from the date of publication of the same in the Fort St. George Gazette.

 

Section 27 - Savings

Nothing contained in this Act shall be deemed to affect the provisions of the Mappilla succession Act, 1918, or of the Mappilla Wills Act, 1928, or of any law or custom or usage except to the extent expressly laid down in this Act.