[3][Tamil Nadu Act 22 of 1933][4] [1st
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 ceitain 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. Chapter
I PRELIMINARY (1) This Act may be called
the [5][Tamil
Nadu] Marumakkattayam Act, 1932. (2) It shall apply. (a) to all Hindus in the [6][State
or Tamil Nadu] who are governed by the Marumakkattayam law inheritance; (b) to all Hindus outside
the [7][said
State] governed by the said law, in respect of properties
within it; and (c) 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 (Madras Act IV of 1896), 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Hindus following the Marumakkattayam law of inheritance, is hereby repealed.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
members of a tarwad other than the karnavan; (b) [8][‘Collector’ means the Collector of the district in which
any property of a tarwad includes any Revenue
Divisional Officer who is authorized by the
Collector to perform under this Act;] (c) ‘karnavan’ means the oldestmember of a farwad or tavazhi, as the case may whom the right to management of its property vests the absence of a male member, the oldest
member or where by custom or family usage the 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) (i) ‘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; and (ii) ‘tavazhi’ used in
relation to a male means the tavazhi of the mother of that male. [9]Chapter
II MARRIAGE
AND ITS DISSOLUTION (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. (a) 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 (b) the union (i) 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 [10](………………….);
or (ii) 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 (iii) was registered as a
marriage under the Malabar Marriage Act, 1896 (Madras Act IV of 1896), before
the date on which this Act comes into force [11](……………….). (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 effect 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 [12][on
or after the date on which this Act comes into force]. (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. [13][Nothing contained in this
section shall be deemed to invalidate any dissolution of the marriage effected
before the date on which this Act comes into force, in accordance with the
custom prevailing in the community to which the parties belong or either of
them belongs.] The dissolution of a
marriage which is valid under section 4, whether by death or otherwise and
whether before or after the commencement of this Act, shall not affect in any
way the legal status or rights under this Act of the children of such marriage
or of their descendants.] (1) A husband or wife may
present 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 Sub-ordinate 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 taken effect from the
date of such order. The provisions in the Code
of Civil Procedure, 1908 (Central Act 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
Marumakkattayam law of inheritance. [15]Chapter
III MAINTENANCE
AND GUARDIANSHIP (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 (1) shall affect the right of any person to maintenance from his or
her tarwad or tavazhi properties. (3) In awarding maintenance
under sub-section (1) 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 Act, 1890 (Central Act VIII of 1890). [16]Chapter
IV INTESTATE
SUCCESSION A person is deemed to the
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
grand-daughter has pre-deceased the intestate, the lineal descendants of such
grand-daughter in the female line shall be entitled to the share which such
grand-daughter 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 ??? in the degree of great grand-children 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 (1) Z dies intestate
leaving two widows A and B, his mother C, a son D, a
daughter E, a grand-daughter F by such daughter, the lineal
descendants of a deceased daughter G and the lineal descendants of a
diseased son H, A, B, C, D and E each
gets one-sixth and the lineal descendants of G get one-sixth of the
property. The grand-daughter F and the lineal descendants
of H do not get any share. (2) Z dies intestate
leaving no widow or mother, out leaving A a son, B a
daughter, E and F a grandson and a grand-daughter 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. (3) 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 pre-deceased 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 tavzai 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 the whole of the property shall being
to the widow or widows and in the of a widow, the of the property shall belong
to the mother's tavazil. Where the intestate has not
loft 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 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 section 19, 21, 22 and 23, the
property shall devolve on the tavazhi of his mother's maternal grandfather or
on the tavazni of a more remote female ascendant in the female line, the nearer
excluding the more remote. On the death of a
marumakkattayi female, her property which self-acquired or separate shall
devolve in the order and awarding to the rules contained in sections 26, 27, 28
and 29. Where the intestate 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 (a) 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 (b) has contracted on or after
such date a marriage with a marumakkattayi female which is valid under that
section; and (ii) who has left surviving bin
by such marriage or marriages one or more of the following relations, namely. (a) a widow or widows, (b) children, (c) lineal descendants it, the
female line through deceased daughters, such relation or relations shall be entitled, if the intestate has also left relations who
are hers 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 hers to the whole of such property: Provided that the
reasonable Amoral expenses of the intestate shall first be deduct 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 (1) shall be distributed among them in accordance with the rules contained in clauses (i), (iii), (iv) and (v) of
section 20 and 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. [17]Chapter
V TARWAO
AND ITS MANAGEMENT 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) 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 valid, unless it is executed by the karnavan 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 karnavan and where the Malabar Tenancy Act, 1929 ([19][Tamil
Nadu]Act XIV of 1930), confers fixity of tenure on the lessee unless also the
written consent of the 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 base executed on or before the 27th July, 1950 in with the law
in force at the time of such execution.] No debt contracted or
mortgage without possession executed by a karnavan shall be the tarwad unless
the debt is contracted or the mortgage is executed for tarwad necessity. Every member of the 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. Chapter
VI PARTITION (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 female line, shall be deemed to be a
tavazhi if or she has no living female ascendant who member of the tarwad. Notwithstanding anything
contained in section 38, any member of a tarwad who has changed his of 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. (1) 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. (2) 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 tazazhi possessing separate properties as if it
were a tarwad. Chapter
VII IMPARTIBLE
TARWADS (1) Every tarwad included in
the Schedule shill be an impartible tarwad and the provisions of Chapter VI
shall not apply to such tarwad unless and uatil 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 be 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, be 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 be 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 terwad 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 sect ion 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 be deems fit,
the Collector is satisfied that not less than two-thirds of the major members
of the tarwrd 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, hare the same powers as are vested in a court
under the Code of Civil Procedure, 1908 (Central Act V to 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 fee, give
a copy, certified under his hand, of any entry therein. Chapter
VIII MISCELLANEOUS Where a parson bequeaths or
makes a gift of any properly 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 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 [20][State
Government] 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 [21][Official
Gazette] and on such publication shall have effect as if enacted in this Act. Nothing contained in this
Act shall [22](………)
be deemed to affect [23][..]
any rule of Marumakkattayam law, custom or usage, except to the extent
expressly laid down in this Act. 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
Chilakal Kovilakom near Cannanore. 3.
The
Nilambur Kovilakom in Nilambur amsam, Ernad taluk. 4.
The
Kizhake Kovilakcm of the Kottayam Raja's family, Kottayrm taluk. 5.
The
Thekke Kovilakcm of the Kottayam Raja's family, Kottayam taluk. 6.
The
Patinhare Kovilakcm 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 Kovilakcm of the Walluvanad Raja's family in the Walluvanad taluk. 10. The Kadannamana Kovilakom
of the Wailuvanad 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. [1] These word were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [2] Received the assent
of the Governor on the 21st March, 1933, and that of the Governor-General on
the 12th April, 1933; the assent of the Governor-General was first published in
the Fort St. George Gazette on the 1st August, 1933 [3] These word were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [4] For Statement of
Objects and Reasons, see Fort St. George Gazette, dated the 18th August,
1931—Part IV, page 248. Also see Tamil Nadu Act XXXII of 1955. This
Act was extended to the merged State of Pudukkottai by-section 3 of, and the
First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu
Act XXXV 1949). [5] These word were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [6] This expression was
substituted for the ??? “Presidency of Madras” by the Tamil Nadu Adaptation of
??? Order, 1970, which was deemed to have come into force on the ??? January,
1969. [7] This expression was
substituted for the ??? “said presidency” by paragraph 4 of, and the Schedule
???. [8] This clause was
substituted for original clause ??? 3 of, and the Schedule to, the Madras
Adaptation ??? Order, 1957. [9] The Hindu Marriage
Act, 1955 (Central Act 25 of 1955), has an overriding effect over any other law
in force immediately before the commencement of that Act in so far as it is
inconsistent with any of the provisions of that Act, vide section 4(b) thereof,
But under section 29(2) of the Central Act nothing contained in that Act shall
be deemed to affect any right recognised by custom or conferred ??? any special
enactment to obtain the dissolution of a Hindu ??? whether solemnized before or
after the commencement ??? [10] The words “and is subsisting
on such date” were omitted by section 2 of the Tamil Nadu Marumakkattayam
(Amendment) Act, 1947 (Tamil Nadu Act XXXII of 1947). [11] The words “and is
subsisting on such date” were omitted by section 2 of the Tamil Nadu
Marumakkattayam (Amendment) Act, 1947 (Tamil Nadu Act XXXII of 1947). [12] These words were
inserted by section 3(1) of the Tamil Nadu Marumakkattayam (Amendment) Act,
1947 (Tamil Nadu Act XXXII of 1947). [13] This paragraph was
added by section 3(2), ibid. [14] This section was
inserted by section 4, ibid. [15] The Hindu Minority
and Guardianship Act, 1956 (Central Act 32 of 1956) has by virtue of section
5(b) thereof an overriding effect over any other law in force immediately
before the commencement of that Act in to far as it inconsistent with any of
the provisions contained in that Act. [16] The Hindu Succession
Act, 1956 (Central Act 30 of 1956) has by virtue of section 4(b) thereof an
overriding effect over any other law in force immediately before the
commencement of that Act in so far as it is inconsistent with any of the
provisions of that Act. [17] The Tamil Nadu
Marumakkattayam (Removal of Doubts) Act, 1955 (Tamil Nadu Act XXXII of 1955)
his declared certain ??? of ??? properties to be tarwad properties. [18] This section was
substituted for original section 33 by section 49 of the Malabar Tenancy
(Amendment) Act, 1951 (Tamil Nadu Act XXXIII of ???). [19] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969. [20] The words “Provincial
Government” were substituted for the words “Local Government” by the Adaptation
Order of 1937 and the word “State” was substituted for “Provincial” by the
Adaptation Order of 1950. [21] These words were
substituted for the words “Fort St. George Gazette” by the Adaptation Order of
1937. [22] Clause (a) and the
buckets and letter “(b)” were omitted by section 5, of the Tamil Nadu
Marumakkattayam (Amendment Act, 1947) (Tamil Nadu Act XXXII of 1947). [23] Clause (a) and the
buckets and letter “(b)” were omitted by section 5, of the Tamil Nadu
Marumakkattayam (Amendment Act, 1947) (Tamil Nadu Act XXXII of 1947).[1][Tamil Nadu]
Marumakkattayam Act, 1932[2]