Tamil Nadu act 009 of 1949 : The Tamil Nadu Aliyasantana Act, 1949

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Act 9 of 1949

Keyword(s):

Aliyasantana, Kavaru, Kutumba, Major, Minor, Nissanthathi Kavaru, Yajaman

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'[TAMIL NADU] ACT NO. i X OF 1949.2 THE '[TAMIL NADU] ALIYAS~NTANA ACT, 1049.

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WHEREAS it is expedient to define and amend in certain respects the 1r.w relating to rnz.rrip,ge, maintenance, guardianship, intestate succession, family mna.gement

r.nd partition applicable to persons govenred by the Ali-

(2) It shall apply- ment .

U:-hTl-n n c l A Tn;..rn . r rhr \ o + n ~ ~ % ~ ~ ~ t d yassntana Law bf inhjrit ance ; It is here by enacted as I

follows :- \

CHAPTER I

Preliminary .

1. (1) This Act m.y be called the l[T;l.mil Nedu] Ali- shkt title. yasantaaa Act, 1949. applicat

(a) to ~ l l , r u l l c . u a r.urr .valjjD w^{uu CiIv6uvVL.u-U}

by the Aliyasantana w.w of inheritance ; p.nd

(b) to all Hindu and Jain males, whet her governed by the said law or not, who hzve contracted or may contrect marital ~.llirrnces with Hindu e.nd Jain females governed by 1 he srid law :

Provided that the provisions of Chapter IV shall aot apply to Jains.

&; 1: bc"* (3) It shall come into force ?.tonce. , -2

- kn. .ⁱ

t- 1 These words were substituted for the word "h, ladrau", by - the Tamil Nadu Adaptation of Law Order, 1969, as amended by the '

. Tamil Nadu Adapt at ion of Laws (Smnd Amendment) Order, 1969.

2. For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 9t h Decm~beer 1947, Part IV-A, Page 592.

- Pudukkottai by s t schedule to, the .l.arnil Nadu Merged 4 .. - - r . , * t4

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8 Aliyasan t ma [ 1949 ; T. N, A G ~ . ~ X

. .2. The Malabar Marriage Act, 1896, in so fcr as i t adras has ,nnt b:en a1rer.d.y repee:Ied, find section 6 oft he Jaina Succession Act, 1928, ctre hereby lepealed.

dnitiow. 3. I n this Act, unlzss there is anything repugnant in the subject or conlext-

(a) c6Aliyav.nf ana" meails i he system of inheritance in which descent is fraccd in thc fcm~.le line, but does not *

incluie tth sysiern of inheribncc known as the Maru-

mak&Y.taya.rn :

(b) (i) "kw:r!u" used in r c ldon to R fcmalc, mefins

r he graup 3f pe:.sons colisisting of t h2.t terngale, her children and a11 her de~cend~nnts in 1 he female line ;

(ii) "k~vdru", used in relation to a male, means the ;lQ.ivd.ru of tbc: inother o f that male ;

(c) c6kutumbP means the group of per scns forming

s joint family with coininuility of ptopert y gove~ ned by the Aliyr.santana Law of inhelitance. ;

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(d), "maj ~ r " means s persoil who h9.s completed the

age of elgh'een years ;

(e ) minor" mcans n pcsscln who has not comcleted 1 he 0.g~ of eighteen yzars ;

Cf) G c nissanf hathi kzv2.1 u " means a kwitru which i s

not a san'hqthi kwdru ;

(g) ~'prescrib..d" mtans p:escrihd by luks made UIBdcr ~ S ' S A2! :

** (& . . .~h;rhi k t~ - : iu . E,:c'.s ;.. kiytgl; cf at least one m:mb:-r is a fims.le who hzs not c~mplered the

age of fifty pzws ;

(i) '(Yaj ~ m ~ n " mtans t ha oldest memlxr, male o r

female, of a k~rtumbz or kw,iru, as the case may be, in whom the right to manage its properties vests, or any

other mcmbtr or mernbcr s i n whoem such r ighr is vesf ed by . family cdstom, con:rect, decree of ccurt or otherwise. : - - - -------

-_3

Thas3 wards wzre substituted for the word "Madras9* by the Tamil Nadu Adaptation of Laws O~der, 1969, as amended by the Tamil Nldu Araptation of Laws (S :co ~d Amendm3nt) Ord

, h 1969, - * .

me; 6 . .- +-*- -- - - , - - - - f

. .- . - .^- ...* ./

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--- -- .-

. - -- -- --- 7- - - - -^4- s $ (

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5 j ,

, b. Ali~~santana 9 'CHAPTER 11. * . -.

JIarriage and its Disso!ution. -

"

Save as provided in secfion 5, the conjugal union valid under

the same community as the Act,

to suc h community and

antana Law or not, but purposes to be a legal marriage, if-

(a) tho parties to the uqion are not related to each^, ther in such degree of consanguinity or affinity that conju- 1 union between them is prohibited by any custom or

* age of the commu~ity to which they belong ; and

(i) was before the date on which this Act comes into force openly solemnized in accordance with the custo- mary ceremonies psevailit~g 91 the community to which

the parties belong or recognized by tho community as a valid marriage ; or

- (ii) is oponly solemnized on or after the date aforesaid and, where either or both the parties are minors, with the consent of the guardian or guardians of such minor or minors ; or

arriage under the Malabar

ef'ore the d'ate aforesaid,

(2) A conjugal union between minors or between a minor and a major which would otherwise be a valid marriage under sub-section ( I ) shall not be deemed to be

invalid merely on Lho ground that the consent of the

guardians or guardian of such minors or minor was not obtained to the zlt~ion.

- -

1 The Hindu Marriagc Act, 1955 (Cetllral Acl 25 af 1955), has an overriding eEcct over any other law infarce immediately befare the cammonccmen! of that Act in so far as it is inconsistent with any of the provisions of that Act-vide section 4 (b) thereof. But ~ n d e r section 29 (2) af 1 he Central Act nothing contained in that Act shall be decmcd to affcc'r any right rccogniscd by custom or F n - ferred by any special enactment to abtain the dissolution af a Hlndu

marriago whet her solemni sed before or aft c . the commencement of that Act,

d

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10 Aliyrsantana [1949: T.N. Act IX

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(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 scch authority, in such form, and within + such time, as may be prescribed. Failure to give such otice shall be punishable with fine which may extend to failure shall not invalidate the marriage ights of the parties to, or the issue of,

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riage ,5. During the continuance of a prior marriage which is

con- valid under section 4, any marriage contracted by either of to on or afcer the date on which this Act .

comes into force shall be void.

which is valid under ,section 4 may be

er I he dale on which this Act comes into

(a) by a registered instrument of dissolution executed by the parties thereto ; or

(6) by an order of dissolution as hereinafter provided:

if either or both the parties is or am

minors, the marriage shall not be dissolved until after the patty has become a major or both the parties have become majors, as the case may be.

Nothing confained in this section shall be deem-d to

invalidate any dissolution of the marriage effected before

the date on which this Act comes into for(; -. i n accordance with the custom prevailing in co~nmanity to which the

Rights of 7. The dissolution of a marriage which is valid uoder

children o f section 4, whe' he;: by 4eath or otherwise a nd wheLher

, rnarrlage, before or after the cornmenceulc~ri 01 th;s Act, shall not etc., not Mected by. &bct in an way tile legal stat [is or rights unde~ this Act d dissolution of the chid ran of such marriage or of their discepciants.

of marriage.

, Petition for 8. (1) A husband or wife may present a petition for

dissolution. dissolution of the lnarriage-

(a) if tht: place"--

(i) where the marriage was contracted, or

(ii) where the respondent or pcti ioner at the time of the m-a$ee, a permanen: dwelling or actualty

I a& vola~n. aril) radwJ [or carrjrcl fin bu->jwJz or w ~ d y

fcjr gab $7

C

' &;. -

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12. Aiiyasantujza [1949: T.N. Act 1X

ICHAYTER 111.

Maintenance and Guardianship.

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Maintenance, o f 13. (1) The wife, and minor children other than marfled

. wife and daughters, shall be entitled to be maintained by the husband minor or the father, as the case may be :

children,

provided that the wife shall not be enti tied to main- tenance from her husband, if she refuses to live with him 1 without just cause.

(2) Nothing contained in sub-section (!) shall affect

the right of any person to maintenance from his or her kutumba ar kavaru prop2riies.

f (3) l~, L-~arding maintenance under sub-section (I),

the Court shall have due regard to the means and circums- tances of the pzrssn against and by whom maintenance is claimed and to the reasonable wants of the person claiming maintenance.

Guardian- 14. The husband shall be the guardian of his minor wife

ship of, minor in respect of her person and property ; and subject to the

wife and provisions of section 15, the father shall be the guardian of children. his minor childsen other than married daughters, in respect

of their person and property :

Providod that such guardianship shall not extend to the right and interest of'the wife or children in respect of - 6

' their kutumba or kavaru proper ties :

, .

\

L

. I .

Provided further that the custody of a minor child who

has not completed the age of three years shall ordinarily be- ' . .

, - . . with the mother. t*; : A . .

5 - 5 A"?

5: ..Mbther td ' - 15. The mo

az*d $,> @a. %.guardian property of he

I 4.- marriage wj th

- - -- - - -- --- -- - - - .) -

19 nibyus.c/ng~n~ LIYL)~; I -I\. AClC a h ; * 1

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. I. - . --- ..-- L - j - s d . A .A- & W e 1A

Provided that the reasonable funeral expenses of the intestate shall-fist be deducted i^{i01~1 s~h} sepailirte or self- - acquired property.

(2) The propurty dqvolving on the relations referred - to in subclauses (a), (6) and (c) of clause (ii) of sub-section

(1) shall be distribul'ed among them in accordance with the

d e s contained in clauses (i), (iii), (iy), (v) and (G)

of section 20. I

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J??

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- 4

whole of the property of any male or Possessiod

devolves unda the foregoing provisions of and man+

of the kavaru gemenf of property e possession and management ofsuch

n thereof is effected. division is C m E R v.

Kutumbu and its Monagem&w?nt.

shall keep Uue and correct accounts Yajaman nditure of the kutu.~ba; and every to keep

lubd shaU have the right to inspect accounts and allaw year at tho kutulnba house at any insection, gust and Septemb~r in the imple- etc.

, and also to take copies of, or

-<

Provided that nothing contained ia this sub-section gross income of, which from

not exceed three thousand

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or where the yajamaa major 'member of the aman, pass an order I

n Court and allow- to take copies of, or

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Validity 1[29. (1) No sale or mortgage of any immovable pro- : , sales, mwt- perty ~f a kut umba , and no lease of any such property

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gages *ad dit&rff~r a premium returnable whclly or in part or for a leases. pariod exceeding five yezrs, shall be valid, unless it is executed by the yajaman, for consideration, for kutumba

necessity or benzfit, and with the written consent cf the

majority of the major members of the kutumba.^.

(2) No leasc of any immovable property of a kutumba

in cases not referred to in sub-section (1) shall be valid unless it is executed by the yajaman and where the -Malabar Tena.ncy Act, 1929, confers fixiiy of tenure on the lessee unless also the written consent of ths majority of the major members of the kutumb~ bas been obtaincd to the leasz. ~.

-. (3) Nothing contained in cub-section (1) or sub-

section (2) shall be deemad to affect the validity of any mortgage or lease executed on or before the 27th July 1950 in accordance with the law 'in force a t the time of . '. such exebbtion.]

Validity of 30. (1) NO mortgage without possession of any kutumb

mortgages property and no debt shall bind the kutumba unless the without mortgage is executed, or the debt is contracted, by the POSSZSS10n ajaman and for kutumbz necessity. and debts, Y

the reasonable wmts of such member.

(2) 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~

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$ - p+ *;F&;, fi? j (3) Mter this Act comea*into force, no suit shall lie

r 9arrears of maintenance for a period exceeding two

E<*&$wp4

, (I) Any member of a kutumba m y institute a suit Right to

ivil Court for the removal of the va.ia man- remove yajaman

by suit .

(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 tal infirmity which unfits him for discharging t he func- s of a yajaman ; or

* a . (iv) for any other sufficient cause whicl~, in the \ .I - J

(i) for any malfeasance, misfeasance, breach of or neglect of duty in respect of the kutumba ; or nion of the ~ o 6 r t 9 makes his continuance as yajaman

rious to the interest of the S c u t ~ m ~ .

(2) A Court trying a suit under sub-section (1) may, if it considers that it is not necessary to direct the removzl

33. Any yajaman may, by a registered docutnent, give

up his right of management,

35. (1) Any b w r u represented by t1:e majority of its

mior members may claim to take its share of all the pro- *

Provided t ha1

of the yajaman, p2 ss such orders-2s it thinks fit hrving

regard to the welfare cf the kutumba and the circumstana of the case,

I Relinquis ment of

right of

manage ment by

vsliamnn

J W J U W W U .

34. The provisions of this Chapter shall apply to every Applica.

kavaru possessing separate properties as if it were a tian of

kutumba, Chapter ta kavarus, Partition, Right of

kavaru to ,In:- waly peities of the kutumba over which the kutumba haspower padltion, of dis~osal zud separ8te from ,the kutumba :

t-

(i) *re a kavaru coasists of only two persons,

such a claim may bc mde by either of them i ^, 125-3-2~

> ,

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-. d --.- # -*- .'.- *-*^{"-- L-4} .fl . .r. % raw* III

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> 7

.. 'l . (ii) no h v a x shall make such a claim during the

? A * b lifetime of any ancestress common to such kavam and $0

*.A$', ' *:fi

- . <. any other kavaru or kavarus of the kutu mba. who has not

$$,,%&! *- - 2.9!ps4; & \ , coapleted fifty years of age unless-- & :+/,t , * - 1 ,

&$;+* (a) she has signified her consent in writing, or

.

L4&W y+ +-, , *

rw g, - (b) two-thirds of the major membsrs of the

I .! .. kavaru join in making the claim for partition ; .">',: "

. $, ' .s -. , (iii) the common ancestress may on her own voli-

.tion claim a partition.

(2) 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, shall ba deemed to br: a kavnru if hc or she htis no living female ascendant wlto is a meuL UC 'lLe kit i unlba ;

I (b) such male member, or such fem~.lc member if she has compieted thi. age of fifty years, shall be deemed to

t be a hissanthathi kavaru.

Ascertaiqnt 36. (1) Any kavdru entitled to p:irtition under section 35

O* shares at shall bs allotted a share of the kutumb* properties in ac-. Partition. cordance with the previsions of sub-section (2).

(2) (a) If, on the date on which a partition is claimed,

any of the m~mbcrs of the kutumba who are nearest in degree to their common ~.nccstress i s rcmowd four degrcas

I

or more from such c?:-rc~strcss, t2lc.11, the division shall be effected in the follow~ng in!>.nner :-

(i) In three-fourths of the kutumba properties, the

kavaru shall be such share as would fall to it, if a division -thereof were made per capita smong all the

members of the kutumba then living.

(ii) I n the other one-fourth of the kutumba pro- perties, the kawru shall be allotted such share as would fall to it, if a division thereof were made Pmong the kavarus per ~t i tpes.

(b) 11. :?her cpses, the division shall be cffeateci in

thefo~~uwlng manner :-

(i) In on~-half' ef the kutumbe prcpcrties, kava.ru shall be allotted such share as would f ~ l l to it if a

division thercd wire mxtc per capita among all the mem. ber$ of the kutumba theen livi~g.

.'

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(ij) the other half of the. kutuhba properties,

u shall be allotted such shgrc as would fill to it, if

nthereof were madeperstirpes F' among the kavarus.

--

(e) The provisions of clauses (a) to (d) shall apply par titions claimed before the expiry of a period -of -^t

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 the purposes of this sub-section, the date ou which 8 partition is claimed shall be-

(a) wl~ere the claim is made by a suit for partition, 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,

the date bn which such claim is made.

( 3 ) ~ f , a t the tims of the partition, any kavuu taking a share is a nissanthathi kavaru, it shall have only a life interest in the properties allotted to it,if the kutumba from

which it separates has atleast one female member who has

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22 Allyarantana [I949 : $.PI. Act IX

not completed theageoffifty years, or where the k tumba breaks up into a aumber of kavarus a t the partition, if at least one of suchkavarus~s a santhathi hva ru and ifthere

I

is no such female member or santhathi kavaru, the hvaru shall have an absolute interebt in the properties allotted

(4) In the case referred to io sub-section (3, the life interest of the nissanthathi kavaru in the properties alott toit atthe partitionshallbecomeabsolute,ifthe h ~ t u

- concerned ceases to have among its members a female hasnot completed the age of fifty years or if all the kavaru into which the klutumba b r o l up, whether at the

,'or at a subsequent partition, become nissanthathi k

(5) The PI opertiesallotted to a nissanthathi on arLd in whichit had only a life interest a t Zhe , deathofthelast ofits members, shall devolve 'kutumba, or where the hutumba has broken up me or at a subsequentpartition,into a number 0

,upon the nearest santhathi havaru or kaverus.

A registered family settlembnt (by what0

r anawaid,to whichallthe major mambers 0

are parties and under which the 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 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 Chapter kavaru possessing separate properties as if it were as

'O kavaroh butu mba. , Cf3AWER VTT. Misce llune 011s.

*

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U ' f.+~ 12) In narticular and without preiudice to the genera- atters c x w ~ s s l ~ ~ q u i r ~ d or a l l o ~ v d byidis .4ct to be

39. Nothing contained in this Act shall be deemed to Saving. ct anv rule of Ali~asantana Law, custom or usage,

. " . , -

A -

Aueantans 23:

O\f ihe f6waoing power, such rules may prov7de for

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3) Allrules made under t6s section shall be pub- Fort St. George'Gazette and on such publi- ve effect as if enacted in this Act,

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except to the extent eiprassly laid down in this Act.

.rrrcllle ----

* Now the Tamil Nadu:Govgmment

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