TAMIL NADU MARUMAKKATTAYAM (REMOVAL OF DOUBTS) ACT, 1955

TAMIL NADU MARUMAKKATTAYAM (REMOVAL OF DOUBTS) ACT, 1955

(Tamil Nadu Act 32 of 1955)

Received the assent of the President on the 15th October 1955 and published in Part IV - Section 4 of the Tamil Nadu Government Gazette Extraordinary dated the 19th October 1955.

An Act to remove certain doubts in the Tamil Nadu Marumakkattayam Act, 1932 (Tamil Nadu Act XXII of 1933), in regard to sthanams and sthanam properties.

Whereas doubts have arisen about the true legal character of certain properties which are erroneously claimed to be or regarded as sthanam properties, but which are properties of the tarwad the male members of which are entitled to succeed to the sthanam and it is necessary to remove those doubts in respect of this question:

Be it enacted in the Sixth Year of the Republic of India as follows:

1. Short title and application. - (1) This Act may be called the [Tamil Nadu] Marumakkattayam (Removal of Doubts) Act, 1955.

(2) It shall apply to all persons governed by the Tamil Nadu Marumakkattayam Act, 1932 [Tamil Nadu] Act XXII of 1933).

2. Certain kinds of sthanam properties declared to be tarwad properties. - Notwithstanding any decision of Court, any sthanam in respect of which -

(a) there is or had been at any time an intermingling of the properties of the sthanam and the properties of the tarwad, or

(b) the members of the tarwad have been receiving maintenance from the properties purporting to be sthanam properties as of right, or in pursuance of a custom or otherwise, or

(c) there had at any time been a vacancy caused by there being no male member of the tarwad eligible to succeed to the sthanam, shall be deemed to be and shall be deemed always to have been a Marumakkattayam tarwad and the properties appertaining to such a sthanam shall be deemed to be and shall be deemed always to have been properties belonging to the tarwad to which the provisions of the Tamil Nadu Marumakkattayam Act, 1932 (Tamil Nadu Act XXII of 1933), shall apply.

Explanation. - All words and expression used in this Act shall bear the same meaning as in the Tamil Nadu Marumakkattayam Act, 1932 (Tamil Nadu Act XXII of 1933).