Alipantana — TAMIL NADU ACT NO. iX OF 1949.2

1 : Alipantana *lttt p *:mal.e;r ntestate. :p 'k .:p 'k 2 J v *'A c2, ,- +\ :*v .& *>- 4 f. -- 4' f " -4;%l\ :. " p:,;; ; -" *** T$~.:Q-*, $@ ;. %y T$~.:Q-*, ;. $@~;&%y;.;, " . %+:?%; %; n,. $@;&%y ,%+:?%; n,. *&, .Ti&Y "-*:- P 1 , . .r " I 81 I 81 (ii) who his left surviving him by such ~narriage or f hfllilil -() g y g marriages one or moro of the following relations, namely:-- P "I" *- ". .r " " y;" (b) has contracted on or after ih Alihfl such date a () mqmiage with an Aliyasanthana female 'which is valid dhid g under that y section ; and (a) a widow or widows, (b) children, (c) lineal descc ndants, r such relation. or relations shall be entitled, if the intestate has also left relations who are heirs according to the personal l bhih hidhlf f hi g p law by which he is governed, to one-half of his property hih ilfid d if hih y gppy which is separate or self-acquired and if the intestate has lfh hihhlf h pq .left .no such heirs, to the whole of such property : Provided that the reasonable funeral expenses of the intestate shall-fist be deducted ii01~1 s~h sepailirte or self--acquired property. The propurty dqvolving on the relations referred to in subclauses (a), (6) and (c) of clause (ii) of sub-section (1) shall be distrib whole of the property of any male or Possessiod h y devolves unda the foregoing provisions of and man+ hk p of the kavaru gemenf of t g property e possession and management ofsuch thf iffd p n thereof is effected. CmER v. Kutumbu and its Monagem&w?nt. shall keep Uue and correct accounts Yajaman nditure of the kutu.~ba; and every to keep h y lubd shaU have the right to inspect accounts and allaw h accounts and allaw iti g and alla year at tho kutulnba house at any insection, d ihil yy gust and Septemb~r in the imple- etc. d lkif , an pp and also to take copies of, or -< division is Provided that nothing contained ia this sub-section gross income of, which from d g not exceed three thousand or where the yajamaa j'bf h yj major 'member of the d j aman, pass an order Cll p n Court and allowto take copies of, or 4 \ ~. : , '. -. Validity l 1[29. (1) No sale or mortgage of any immovable proy sales, mwt- perty ~f a kut umba , an and no lease of any such property gages *ad dit&rff~r a premium returnable whclly or in part or for a leases id difihll blidlii es ad leases. p py p pariod exceeding five yezrs, shall be valid, unless it is executed by the yajaman, for consideration, for kutumba f h y yj necessity or benzfit, and with the written consent cf the jitf hjbf thktb y , majority of the major members of the kutumba. . No leasc of any immovable property of a kutumba Nothing contained in cub-section (1) or sub- Validity of 30. (1) NO mortgage without possession of any kutumb y mortgages property and no debt shall bind the kutumba unless the ihdbidbh ggppy without mortgage is executed, or the debt is contracted, by the jd fkbi POSSZSS10n and debts gg ajaman and for kutumbz necessity. Y POSSZSS10n aj and debts, Y the reasonable wmts of such member. The maintenance payable to a member o kutumba shall be pzid only out d the income realised fr the kutumba ropert ties and shall be a charge on 6~ *a. p+ *;F&;, fi? j $ p ;F&;, fi? j? (3) Mter this Act comea*into force, no suit shall lie r 9arrears of maintenance for &$4 a period exceeding two r 9arrear E<*&$wp4 , (I (I) Any member of a kutumba my institute a suit Right to ivil Court for the removal of the va.ia man- remove \ .I va J (i) for any malfeasance, misfeasance, breach of lt f dtit f thktb; () oay aeasace, seasace, beac or neglect of duty in respect of the kutumba ; or (i i) for any rnisrrppropriatiol~ or iniproper dealing the income or the properties of the kutumba ; or (iii) for unscundness of mind c3r any physical or ifiihih fihifdihihf () y py tal infirmity which unfits him for discharging t he func- f j y s of a yajaman ; or (iv) for any other sufficient cause whicl~, in the k y nion of the ~o6rt 9 m r9 t makes his continuance as yajaman rious to the interest of the Scut~m~. A Court trying a suit under sub-section (1) may, Any yajaman may, by a registered docutnent, give right of manage t b g ment by vsliamnn J vsliamnn J WJUWWU. The provisions of this Chapter shall apply to every Applica. Partition, (1) Any bwru represented by t1:e majority of its Provided t ha1 t1 t- (i) *re a kavaru coasists of only two persons, ihi () y such a claim may bc mde by either of them i 125-3-2~ yajaman bit yj by suit . . >, ", .. l 'l ?A *b *.A$', *:fi <. $$,,%&! *- 29!4 .9!ps4 & :+/,t &$* $$,, 2.9!ps4; &\ & :+/t & :/,t &$;+* L4&W y+ +- W &$;+ L4&W y+ +-, , * rw g, .">',: -. $, -. . $, ' t -. d --.- # -*- -*- .'.- * *-*"-- L-4 .fl .r. % raw* III (ii) no hvax shall make such a claim during the lifetime of any ancestress common to such kavam and $0 f kbhh y any other kavaru or kavarus of the kutu mba. who has not coapleted fifty years of age unless-- (a) she has signified her consent in writing, or (b) two-thirds of the major membsrs of the .. k kavaru join in making the claim for partition ; (iii) the common ancestress may on her own voli.tion claim a partition. The share obtained by the kavaru shall be taken by it with all the incidents' of kutumbe propcbrty. Explanation.-For the purposes of this Chapter- (a) a male member of a kutumbs or a female mema b:r thereof who h~s .no living descendant in rhc female line, hll bdd bkif hhhilii g shall ba deemed to br: a kavnru if hc or she htis no living f ld lilkilb female ascendant wlto is a meuL UC 'lLe kit i unlba ; (b) such male member, or such fem~.lc member if she has compieted thi. age of fifty years, shall be deemed to bhihhi k pg be a hissanthathi kavaru. Ascertaiqnt shares at Partition. (1) Any kavdru entitled to p:irtition under section 35 (a) If, on the date on which a partition is claimed, (i) In three-fourths of the kutumba properties, the hll bh hld fll titif () kavaru shall be pp, such share as would fall to it, if a dill h , division -thereof were made per capita smong all the members of the kutumba then living. (ii) In the other one-fourth of the kutumba properties, the kawru shall be allotted such share as would fll iif diiihf dPhk p, fall to it, if a division thereof were made Pmong the kavarus per ~titpes. (b) 11. l :?her cpses, the division shall be cffeateci in () p thefo~~uwlng manner :- (i) In on~-half' ef the kutumbe prcpcrties, all be allotted such share as would fll to it if a () prcpcrties, kava.ru shall be allotted such share as would f~ll to it if a division thercd wire mxtc per capita among all the mem. b$ f hkbhlii pp ber$ of the kutumba theen livi~g. .' " .s >7 .! -1 (ij) h the other half of the. kutuhba properties, blld h hld fill iif (j) pp u shall be allotted such shgrc as would fill to it, if nthereof were madeperstirpes F' a rF' among the kavarus. (e) The provisions of clauses (a) to (d) shall apply par titions claimed before the expiry of a period -of years from the commencement of .Chis Act. .d eafter be divided and subtivided in the same mcnner r, 1 the ka varu seeking par tition is reached. Bxplanation.-For hih the purposes of this sub-section, the iilid hll b ppp date ou which 8 partition is claimed shall be- (a) wl~ere the claim is made by a suit for partition, f hiiif hi(hhhi () y p, the date of the institution of the suit (whether the sr:: is prosecuted or not) and (b) vprhere the claim is madeotterwise than by s suit, bhih h liid () p the date bn which such claim is made. ~f,at the tims of the partition, any kavuu taking a share is a nissanthathi kavaru, it shall have only a life t .". not completed theageoffifty years, or where the ktumba breaks up into a aumber of kavarus at the partition, if at least one of suchkavarus~s a santhathi hvaru and ifthere is no such female member or santhathi kavaru, the hvaru shall have an absolute interebt in the properties allotted In the case referred to io sub-section (3, the life g interest of the nissanthathi kavaru in the properties alott ihh pp toit atthe partitionshallbecomeabsolute,ifthe h~tu d hibfl -p concerned ceases to have among its members a female k g into which the klutumba brol up, whether at the 'k p ,'or at a subsequent partition, become nissanthathi k The PI opertiesallotted to a nissanthathi A registered family settlembnt (by what0 r anawaid,to whichallthe major mambers 0 are parties and under which the i hbid p properties ha ve been or were intended t ed, or purport to have been distributed, am0 s of the htumba for their separate inperpetuity, shall be deemed to be apextition biihdit ppy, p umba properties not withstanding any terms to ary in such settlement or award. ication of 37. The provisons of this Chapter shall apply to every iiif it ppppy y Chapter kavaru possessing separate properties as if it were as b p 'O kavaroh butu mba. Cf3AWER VTT. Misce llune 011s. ~d m, 38, (1) The '[Statel Government may make rules sistent with this Act to carry fnto effect the purpose f thereof,

Section 1