Devolution of interest in property of a tarwad
Section 7 seeks to supersede existing laws both textual and legislative relating to intestate succession among persons who prior to this Act, were governed by the Aliyasantana, Marumakkattayam or Nambudri laws of South India. As to what are these laws, please refer to the relevant portions of answer to Q. No. 128(b).
Image Source: cdn.yourarticlelibrary.com
ADVERTISEMENTS:
The section provides that the interest of a person in the family property governed by these laws, would devolve by testamentary or intestate succession according to this Act And though such a person’s family will still continue to be joint with community of property as hitherto fore, but for purposes of devolution, his interest in the property will be deemed to be such share in it, to which he would have been entitled, had there been a partition ii: the family immediately before his death.
The share would have been arrived at, prior to the Act by making a national partition per capita among all the members of the tarwad: tawazhi or illom, as the case may be, where Marumakkattayam or Nambudri law would have been applicable: and of the kutumba or kavaru, as the case may be, where Aliyasantana law would have been applicable; and the same principle will govern while computing the deceased member’s interest in the property for the purpose of devolution under this Act. The share so allotted to a person would be deemed to have been allotted to him or her absolutely.
Sthanam Property:
Sub-section (3) refers to the Sthanam property. Some of the aristocratic Hindu families in the southwest coast of India have had attached to their families an office called the Sthanam, which means literally station, rank of dignity.
ADVERTISEMENTS:
Sthanam had been granted in days of old rules of chieftains but there are other families also possessing Sthanam without any particular dignity attached to them. Now this sub-section provides for breaking up of the Sthanam, the moment the sthanamdar dies; and once any of them dies, the property immediately thereafter will be held by all the members of the family of the sthanamdar as tenants-in-common.
The property of the sthanamdar would devolve upon the members of the family to which he belonged and to his heirs in the manner, it would have, had the sthanam property been divided per capita immediately before the death of the sthanamdar among himself and all members of his family then living. The shares so falling to the members of the family and the heirs of the sthanamdar snail are held by them as their separate property.