DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Nambudri Act, 1932
Act 21 of 1933
Keyword(s):
Anandravan, Illom, Karnavan, Major, Minor
1
-- -- --..- -. - ---
358 iYarnbudri t1933 : T.N. Act XXT THE '[TAMIL NADU] NAMBUDRI ACT,
1932.
i TABLE OF CONTENTS. Preliminary.
SECTIOKS.
1. Short title and application.
2. Definitions.
CHAPTER 11.
Illom and its mrtt2rrgement.
3. Proprietary right of members in illom proper- ties.
4. Duty of karnavan to keep accounts.
5. j'alidation of sales, mortgages and leases.
6 . Debt contracted by karnnvan when binding on illom.
7. Slaintt'nancc of mcmbcrs of illom.
8. Relincltlishment of karna) anship.
9. Right of Nambudri male Lo marry in his community.
10. Right of major Nambudti female to have her marriage perfornied and recover the marriaye I expenses and don ry .
1 1 . [Ornifretij.
12. [Ornitteril.
13. Dowry to be sepamte property of Nambtldri female. _ _ _ _ _ - - - -- -- - - - - _ _
1 These words were substituted for the word ''MadrasW by theTamil Nadu Adaptation of Laws Order, 1969, as anier'ded b the Tamil Nadu Ada ptatlon of Laws (Second Amerc'mer, t , 0, de
1969.
k, \
2
CHAPTER IV.
Guardianship.
SECTIONS.
14. Guardianship of minors.
15. Saving of the operation of Guardians and Wards Act, 1890.
I I CHAPTER V. Intestate succession. 16. Property as to which a person is considered to have died intestate. 17. Devolution of'property left by Nambudri male intestate. 18, Where the intestate has left widow, children
or lineal descendants.
19. Rules of distribution in cases falling under section 18.
20. Devolution of property where the intestate has not left any of the heirs mentioned in section 18.
21. Devolution of property left by a married Nambudri female intestate.
22. Devolution of property left by an unmarried Nambudri female intestate.
CHAPTER VI.
Prirtition.
23. Right of member to claim partition.
24. Partition on change of religion.
25. Character of property taken on partition.
Miscelluneous.
26. Saving.
27. Application of the Act to certaia, commdtislr.
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Short title and
ilpplicalim, 'LTAMIL NNUJ ACT NO. XXI OF 1933.' 1
(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 Port St . George Gazerre on the 1st August 1933.)
An Act to define and amend in certain respects the
law relating to family management, marriage, guardianship, intestate succession and partition applicable to Nambudl i BJ ahnlans and certain other communities, not governed by the Maru- makkattayam law of inheritance.
WH~REAS it is expedient to ctefine and amend in certa~n respects the law relating to family management, marriage, guardianship, intestate succession and parti. tion applicable to Nanlbudri Blalimans and certain othe: col~ununities, not goverrred by the Marumak- kattayam law ot inheritance ;
Ahm \\.HEREAS thc previous sanction of the
Governor-General has beell obtained to the passing of this Act ;
I t is hexby matted as follows :--
CHAPTER 1.
I. (1) This Act may be called the '[Tamil Nadul Nambudri Act, 1932.
-- -
These words were st~bstit uted for the word " Madras " by the
T,mil Nadu Adilptation of Laws Order, 1969, as amended by the Tamil Nadu Aditplation of L:lws (Second Amendment) Order,
1969.
2 For Statement of Objects and Reasons, see Fort St. George
Clozetrr, datcd thc 18th August 1931-Part 1V: pages 224-225. This Act w~ls extended to the merged Stale QE Pvd~kkottai by section 3 of, and the F~rst Schedule to, thcTamll Nadu Merged S t a b (Laws) Act, 19-49 (Tamil Nadu Act XXXV of 1949). ,
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i2) It: s h V ~ P ~ W I I .;J
(a) to all Nambudri Brahmans in the '[State of Tamil Nadul who arenot~govemed by the Marumakkattayarn law of inheritance ; and
' (b) to all Nambudri Brahmhs 'o6tside the I , I
4 1 1 1 1
I 2[said State], nut governed by the law, in respect of immovable property sitw ted within it. ,$' ' l2 , , I ' : ' , ' , i l l , 1 , { ! ! '
I I 2. Ia this Acb, unless there is anything repugnant Definitiens,
in the subject or context-- ,
(a) 'anandravan' means any member of the illom other than the . karnavan ; , ,
(b) 'illom' means all the members of a Nam-
bueri joint family with community of property and
inciudes a 'mana' ;
Exp1unation.--A female shall on her marriage cease to be a member of the illom in which she was
born and become a member of the illom of' her husband ;
(c) 'karnavan' means the oldest male member of an illom in whom the right to management of its properties vest or in the absence of a male member tbe senior female member ;
Explanntio~t. - The seniority as between two or
more females, who become members of the illom by marriage, shall be determined acco~ding to the dates of their marrjages ;
, , . , . (d) 'major' means a person who has attained I I , ' eighteen years of age ; and
I
6 ' 1 , , '(e) 'miser' means a person who has not attained eigbteen years of age, , - -- - . - ,,, , , , , ,, ',TNio kxptessioa~ was ,substituted for the expression : 'P~esidrmcy qf ,ba4r~: , , by rbc Tslnil Nadu !Adaptadon of Laws Order, 1 9 7 ~ .
whtch was deemed to have come mto force on the' 146h January
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jl .:*.r
""*11 - '
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(OHArnER 11. ILLOM AND ITS MANAGEMENT;
3. (1) Every member of an illom, whether male or female, shall have an equal proprietary interest in its
(2) Such proprietary interest shall not in any manner be impaired or affected by reason of the deviation of such member from any orthodox custom or usage.
4. The karnavan shall keep true and correct accounts of the income and expenditure of the illom. The accounts of each year shall be av~ilable for ins- pection at the illom house by the major anandlavans once in a year throughout the month of Kanni follow- ing such year and any such anandravan may take copies of or extracts from such accounts.
'15. (1) No sale or mortgaqe of ary immovable property of an illom a?d no lease of any such property
and leases. either for a premium returnable wholly or in part or for a period exceeding twelve years shall be valic', unless it is executed by the karnavan for consideration, f o ~ jllom necessity or benefit, and with the written consem of the majority of the major members of the
(2) No lease of any itnmovable property cf an illom in cases not referred lo in sub-section ( I )
shall be valitl urless it is executed by the karnavan, ?Tamil
and where the Malabar Tenarcy Act, 1929, confers Nadul
fixity of tenure cn the lessee, unlessalso the written $+or consent of the m~jority o f the major members of the 1930.
illom, has been obtained to the lease. -. ..-
, I This section was substituted for the original section 5 by dection 48 of the Malabar Tenancy (Amendment) Act, 1951 t (Tamil Nadu Act XXXEII of 1911).
.Î *Ĉ -.̂ I.l..--.--r̂ - ----
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(3) Nothing ccntained in sub-seclio~ (1) or sub-section (2) shall be deemed to affect the validity of any mortgage or Iezse executed on or before the 27th July 1950 in accordance with the law in force at the time of such execution.]
6. No debt contracted or mortgage without posses- ~ ~ b t
sion executed by a karnavan shall bind the illom contracted
unless the debt is contracted or the mortgage isexecuted $$mavan for illom necessity.
I
give up his rights as kamavan.
4 'CHAPTFR 111.
MARRIAGE,
9. Notwithstanding any custom or usage to the Right of contrary every major male Nambudri shall, subjectN~l*~~dri
4 Tamilto the provisions of section 5 of the '[Tcrn~il Nadu] f iadul Marumakkattayam Act, 1932, and any other law in his
I
&I, or for the time being in force, be at liberty to marry in ~ o n l 1 n ~ n i t ~ .
1933. his own community. perties, the reasonable expellses of such marriage as and
well as her dowry :
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Provided tlpt not less that threqmoqtb previous " I f \ J ; , ,. , . qoolcg in qf,fhe man'isge shall ;be glvep to the ' km?v@* I , , ; , , f # , : I 1 , ,,,,
1: (2) The adount recoverable undkr sukCsektion (1)
shall not exceed one-third of the value of the share which would fall to such fe-e member if a, pivision , , , % per capjta of the properties of the illom were made , among all the members thereof living on the date of the marriage, or rupees ten thousand, whichever is
less :
Dowry to be separate property of Nambudri
' female.
Provided that where an illom consists of femaIes only, the amount recoverable under this sub-section
may extend to the full value of her share. &[11. *% *
* * "I Y12. *3
13. The dowry given to a Nambudri female or recovered by her under section 10 shall be her separate property.
I 2CHAPTER IV.
Guardian.
ship of minors.
14. (1) Subject to tllc provisions of sub-section (21,
the following persons it1 the order named shall be the legal guardian of a rnluor, male or female, in respect
ot h ~ s or her person and separate property, ~i~irnely,
father, mother, full brothers in the order of seniority, paternal grand fat he^, p~lternal uncles in the ordcr of seniority, father's mother and cc~nsangujne brothers in the ordcr of' seniority.
(2) The husband shall be the legal guardian of his minor \\.ifc jn resprct of her person and separate property. - ----..
Section6 I 1 and 12 werc repealed by section 8 of the Madras Hiadu (Bigamy Prevention and Dlvorce) Act, 1949 (Madras Act V I of 1949).
'The Hindu Minority and Guardianship Act, 1956 (Centml Act 32 of 19%) has by virtue of swtion 5 (b) thereof an overr~ding effect Q ~ W #ny other law in force immediately befoie the cornmenwent of that Act m 80 fafar as that law is inconsistent with any of the pro, vbiom contained m that Act.
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I
-*r
1933:.ZN*.bct .X~r ;( 8 1 1 h'ambudri,:,,$t, Central to affect! the
Act-11 ,Act, 1890~ . ; Of 1890. I ',, q t , , '
or l , f , , 'CHAPTER V. I I /! j 1
8 ' I , I f l l ' 1 2 1 1 INTESTATE SUCCES'~~ON. ' f , ' ' 1 , , 0
16. A person i5 deemed'to die intestate in respect of ~~~~~~{ p ' ail property of which he has not made a testamentary person is
dlsposit ion which is capable of taking effect. codsidered , i , $ 1 I , : to have died Illtrstrations.
(i) A has left no will. ~ e ' has died intestate inI
respect of the whole of his property. ,
( i t J A has left a will whereby he has appointed 8 his executor but the will contains no other provisions. A has died intestate in respect of the distributidri of his
property. , ! I
1 I 0 I / 1 ) )
(iii) A has bequeathed his whole property for an . , . , .
illegal purpose. A has died intestate in tespcct of the distribution of his property. , , , , , , , , 1 , , , ,
9
olution -
roper t y by
~budri
: intes- re'the
itate
eft w, lren or
I
8 of but ion ;e s
g under
111 18.
t - -<- - Z'Z' ,
366 Nam budri . 11933 : T.N- Act XXf
17. On the death intestate of a Nambudri male, his property which is self-acquired or separate shall,
subject to the provisions of section 30of the '[Tamil 1frauil
Nadu] Marumakkattayam Act, 1932, devolve in the Nadu
order and according to the rules contained in sections gnaI
18, 19 and 20.
18. Where the intestate has left surviving him by a marriage or marriages in his o\m community one or more of the following relations, namely :-
(0) a widow or widows,
(6) a son or scns,
(c) an upmarried daughter or unnlanied da~rghters, and
( t i ) a 1ine:il descendant or desceridants (other than mariled females) in the male line rhroush a dcceabcd son or sons,
the whole of the property shall belong ro such surviving relaiion or relations.
19. The distrrbution of the property smong the heirs referred t o in section 18 shall he made in accor- dance with the following rules :-
(i) The widow or, if there is nlore than one widow, each 01' thuwidows, shall be entitled to a share equal to t h2t of a son or unmarried daughter.
(ii) Every son or unmarried daughtcr shall be elltitled to an equal share :
provided that if a son has pre-deceased the intestate his lineal descendants in the male line (other than married females) shall be entitled to the share wlliclz such son would have taken had he survived . the intestate.
1 Time words weresubstituted for tho word "Madras" by theTamil .*
Nadu Adaptation of Laws Order. 1969, as amended by the T ~ u ri Nadu Adaptation of Laws (Second Amclldmeat) Orbar, 1%9,,., ,1 . * . - -1 t I
- .
10
1933: T.N. Act XXI] ~mn&dd
Provided that if a son's son haspre-deceased the intestate, his lineal descendants in the male line (other than married females) shall be entitled to the share which such son's son would have taken had he survived the intestate.
(iv) In like manner, the property shall go to the surviving lineal descendants of the intestate in the male iine (other than married females) where such descendants are in the degree of great-grandchildren or ill a more remote degree.
Esp1anation.-The descendants of a .on, \on^s son or other male descendant in the male line shall not be entitled to any sharein suck property, if such son, son's so11 or other descendant is alive at the time of the death of the intestate.
I/I~istrc~tio~ts.
(1) Z dies intestate leaving two widows A and B, a so11 C, a grandqon D 11y such son, a married diughter
E, an unrn~rrkd daughter F and by a dcceascd son, a grandson 0, a married granddaughter If and an unmarried granddaughter J . A, B, C ant1 F each gels one-fifth of the property, Q and J one-tenth each and
D, E and H do not get any share.
(2) Z dies intestate leaving no widow but leaving '4
a son, B an unm~rried daughter, E a grandson and F a n unmarried granddaughter by a deceased son C,
an unmarried granddaughter O by a deceased son D and two great grandsons H and J by a deceased son of D. A and B will each be entitled to one-fourth of the property, E and F will each be entitled to one- eighth, Q will be entitled to one-eighth and tl ant! J to one-sixteenth each.
I
11
flamb~f?! 5 ,,,tm i (TP-, , P e t R 1 : ~ 1
onesixthand D and E will each be entitled to one-fourth
of 2's brbperty1, , , ( ' , ' I
ion 20. (1) Where the illtestate has not left surviving
~ t y him any of the heirs mentioned in section 18, the
la property shall devolve on the relations and in the order
I specified below :-
1 d n
(1) Father ;
ed (2) Mother ;
n (3) Brothers and sisters ;
(4) Sons and unmarried ciarighters of brothers :
(5) Father's father ;
(6) P-aternal uncles ;
(7) Sons of paternal uncles ;
(8) Sisters' children ;
(9) Father's paternal grandfather ;
(10) Father's paternal grandfather's descen- dants in the male line, the nearer excluding the more remote ; and
(1 1) Father's remoter ascendants in the male
line and their descendants, tbe nearer ascendant and
his descendants excluding the more remote ascendatit and his descendants and'among the descendants of the same asdpdadt, the nearer exclt~din the more remote. 7 I (2) 'koperty devolving on two or more heirs under sub-section (1) shall be divisible among then1 equally.
I . . , , , I 4 t t ? ' , I , .
m 21. (1),0n the daatb idfesrade bf a married Nambudri femle, her property, ,which is solf-acquired
or q j a ~ q t c ishall dkvolva on thelrqlatipns an4, in
o r & ~ t l s p & i W , b l ~ ~ , : - ~ ~ , ,, \ \ ,, I , * $ I
~Ir~(ll)l&n~~atzddaugbte&~!,~~ 1 1 ' ,- r , , , ~ : , \ 1 1 , t t t t , q - j
1 I J ; , ' I ' l l ' i t i \
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(4) Husband ;
(5) Father ;
(6) Mother ;
(7) Brothers and sisters ; .
(8) Brothers' and sisters' children ;
(9) Relations of her husband mentioned in section 18 and not included in clauses (1) and (2) ; and
(10) Relations of her husband mentioned in sub-section (1) of section 20 in the order specified therein.
(2) Property devolvkg on two or more heirs under sub-section (1) shall be divisible among them equally :
Provided that where the pro erty devolves on the S relations of the husband referre to in clause (9) of sub-section (I ) , it shall be divisible among them in
accordance with the rules laid down in section 19.
22. On the death intestate ofan unmarried Nambudri Dcvolu,ion
female, the whole of her property which is self-acquired .f property
or separate shall devolve on her parents. In the left by an
absence of her parents, i t shnll devolve on her bruthe] s unmarried Nnmbutlri and sisters in equal shares and in their abscncc i t .hall fenlaic
devolve on he1 illom. intastate.
CHAPTER VI.
PARTITION.
23. (1) Any member of fin illom, male or female, Right of
may claim to takehis or her shnrc of all the properties rnernbetto I of thr. illom over which i t has power of dispo\nl alld C$;ion,
scpnratc from the illom : I Provided that where a mqle member of an illom
whose wife is also a member thereof claims to separate from the illom, he shall do so on behalf of himself 125-14-24
13
.
and his wife and the shares of the husband and wife
shall be allotted to them jointly; and save as provided t in section 24, neither the husband nor the wife shall be entitled to claim partition from the othcir.
(2) (a) A member of an illom separating from it under sub-section (1) shall be entitled to such share of the illom properties as would fall to him or her if a division per capita were made among all the members of the illom then living.
Partition on change of religion. Character of PrOPatY
taken on Iwtltion,
(b) A husband and wife separating from an illom under the proviso to sub-section (1) shall be entitled to such share of the illom properties as would fall to them if a division per capita wers made among all the members of the illom then living.
(3) No claim to separate from an illom made on behalf of a minor member shall be allowed by any court unless it is satisfied that such separation would be to the benefit of such minor.
24. (1) Any member of an illom who has changed his or her religion may claim, or be compelled by any other member of the illom, to take his or her share of the illom properties and separate from the illom.
(2) The member who claims or is compelled to divide from the illom under sub-section (1) shall be entitled to such share of the illom properties as would fall to him or her if a division per capita were made . among all the members of the illom then living.
2 5. The share obtained by any member separating from an illom under sub-section (I) of section 23 or under section 24 shall be the separate property of such memberI . .~
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