THE '[TAMIL NADU] NAMBUDRI ACT, 1932. ....
TABLE OF CONTENTS.
Chapter I.
Preliminary.
Sections.
1. Short title and application.
2. Definitions.
Chapter II.
Illom and its management.
3. Proprietary right of members in illom proper
ties.
4. Duty of karnavan to keep accounts.
5. Validation of sales, mortgages and leases.
6. Debt contracted by karnavan when binding on
illom.
7. Maintenance of members of illom.
8. Relinquishment ofkarnavanship.
Chapter III.
Marriage.
9. Right of Nambudri male to marry in his
community.
10. Right of major Nambudri female to have her
marriage performed and recover the marriage expenses and dowry.
11. [Omit:ed].
12. [Omitted].
13. Dowry to be separate property of Nambudri female. .
l These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended b the Tamil Nadu Adaptation of Laws (Second Amercer.t; Oide 1969-
Chapter IV.
Guardianship.
Sections.
14. Guardianship of minors.
15. Saving of the operation of Guardians and
Wards Act, 1890.
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.
Partition.
23. Right of member to claim partition.
24. Partition on change of religion.
25. Character of property taken on partition.
Chapter VII.
Miscellaneous.
26. Saving.
360 ,,xMambudri}// £l933^eTf.fcfc.AstXXI
[The '(Tamil Nadu) Nambudri Act, 1932.]
(Received the assent of the Governor on the 215/ March 1933, and that of the Governor-General on the 12th April 1933 ; the assent of the Governor- General was first published in the Fort St. George Gazette on the 15/ 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 Nambudii Biahmans and certain other communities, not governed by the Maru- makkattayam law of inheritance.
Preamble. Whereas it is expedient to c'eline and amend in
certain respects the law relating to family management, marriage, guardianship, intestate succession and partition applicable to Nambudri Brahmans and certain other communities, not governed by the Marumak- kattayam law ol inheritance ;
Axd whereas the previous sanction of the Governor-General has been obtained to the passing of this Act;
It is hereby enacted as follows :—
CHAPTER 1.
Preliminary .
short title 1. (l) This Act may be called the l[Tamil Nadu]
application. Nambudri Act, 1932.
1 These words were substituted for the word " Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. ,
2 For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 18th August 1931—Part IV, pages 224-225.
This Act was extended to the merged Stale of Plldukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws; Act. 1949 (Tamil Nadu Act XXXV of 1949).
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(2) It shall applyhnj-j (a) to all Nambudri Brahmans in the '[State of Tamil Nadu] who are notgoverned by the Marumakkattayam law of inheritance ; and
: to all Nambudri Brahmans 'outside the ................... ■ (b)
2[said State], not governed by the law, in respect of , ! ' ^ immovable property situs ted within it. ' ' '' ' '' i !
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f 1 2. In this Act, unless there is anything repugnant Definitions, in the subject or context—; /
(а) 'anandravan' means any member of the
illom other than the. karnavan ;
. . ■ • • ■ 1 ,' i 1 ' " ' '
(б) ,'illom' means all the members of a Nam- budri joint family with community of property and includes a 'mana'; , :
Explanation,—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 the senior female member ;
Explanation.-This seniority as between two or more females, who become members of the illom by marriage, shall be determined according to the dates of their marriages;
, (d) 'major' means a person who has attained eighteen years of age ; and
(e) 'minor' means a person who has not attained eighteen years of age. , ;;
■? *
Duty of karnavan to keep
accounts.
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Validation of sales, mortgages and leases.
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Illom and its Management.
3. (1) Every member of an illom, whether male or female, shall have an equal proprietary interest in its properties.
(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 available for inspection at the illom house by the major anandiavans once in a year throughout the month of Kanni following such year and any such anandravan may take copies of or extracts from such accounts.
H5. (1) No sale or mortgage of any immovable property of an illom and no lease of any such property either for a premium returnable wholly or in part or for a period exceeding twelve years snail be valid,
unless it is executed by the karnavan for consideration, for illom necessity or benefit, and with the written Consent of the majority of the major members of the illom.
(2) No lease of any immovable property cf an illom in cases not referred 1o in sub-section (1)
shall .be valid urless it is executed by the karnavan,'[Tamil and where the Malabar Tenarcy Act, 1929, confers Nadu] fixity ol tenure on the lessee, unless also the written xiv of consent of the m?jority of the major members of the 1930. illom, has been obtained to the lease.
, [2] This section was substituted for the original section 5 by section 48 of the Malabar Tenancy (Amendment! Act 1951 (Tamil Nadu Act XXXIII of 1951). '
• These words were substituted for the word "Madras" by the ■ Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Jamil Nadu Adaptation of Laws (Second Amendment) Order,
proprietary right of members in illom
properties.
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1969>
(3) Nothing contained in sub-sectioH (1) or sub-section (2) shall be deemed to affect the validity of any mortgage or lease executed on or before tbe 27th July 1950 in accordance with the law in force at the time of such execution.]
6.No debt contracted or mortgage without posses- Debt sion executed by a karnavan shall bind the illom contracted unless the debt is contracted or the mortgage is executed ^e^arnavaH for illom necessity. binding on
illom.
7. Every member of an illom, whether living in the Main(enanc# illom house or not, shall be entitled to maintenance0f memb|rsC" consistent with the income and the circumstances of of illom. the illom. '
8.Any karnavan may by a registered document Relinquish- give up his rights as karnavan. ment of
karnavan-
^HAPTER III. sh'P'
Marriage.
9. Notwithstanding any custom or usage to the Rifiht of contrary every major male Nambudri shall, subject N^nbudri
sjTamil to the provisions of section 5 of the 2fTamil Nadu] marry"
Nadu] Marumakkattayam Act, 1932, and any other law in his XXir of f°r t'ie l'me being in force, be at liberty to marry in community, j933. his own community.
10. (1) Any unmarried major female member of an Right of illom who marries or has her marrage with a 2s^°bUdrl male belonging to her community performed withfemaie^o" her consent by her father or any other member of her have her illom shall be entitled to recover from the illom properties, the reasonable expenses of such marriage as and
well as her dowry : recover _ ____________________________ the marriaj#
,,, ,, Provided that not less that threemonths previous ,v notice,in writing of the manage shall jbe given to the ^arflav^n.;; ;/, . ,
! 1per capita of thie properties of the illom were made among all the members thereof living oh the date of the marriage, or rupees ten thousand, whichever is less : (2) TheaMountrecoverableundiir siib^sefction(1) shall not exceed one-third of the value of the share which would fall to such female member if a division
Provided that where an illom consists of females only, the amount recoverable under this sub-section may extend to the full value of her share. * [[U, * * * *]
Dowry to be separate property of Nambudri ferrule.
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13. The dowry given to a Nambudri female or recovered by her under section 10 shall be her separate property.
2CHAPTER IV.
Guardianship.
14. (1) Subject to the provisions of sub-section (2), the following persons in the order named shall be the legal guardian of a minor, male or female, in respect ot his or her person and separate property, namely, father, mother, full brothers in the order of seniority, paternal grandfather, paternal uncles in the order of seniority, father's mother and consanguine brothers in the order of seniority.
(2) The husband shall be the legal guardian of his minor wife in respect of her person and separate property.
15. Nothing contained in sec;tjonrl4shall,bf3 deemed Saving of Central to affect; the operation of the, Guardians andjWards.H[3]® '
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Intestate Succession;" •••'' : -l! ' ' '■■■ "■ " : ■ ■ , ( " 16. A person is deemed'to die intestate in respect of ^^[ch a* all property of which he has not made a testamentary person is
disposition which is capable of taking effect. considered
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Illustrations.
(i) A has left no will. He has died intestate ih respect of the whole of his property. 1:': 11
(ii) 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 distribution 'of his property.
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(iii) A has bequeathed his whole property for an«,M,, illegal purpose. A has died intestate in respect of the distribution of his property. ... ,, ,, j
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(iv) A bequeathed Rs. 1,000 to B and Rs. 1,000 to
the eldest son of C and rnade' no' otheV , teqiiest/i'and .
died leaving Rs, 2f,Q00:' 'Cdied'b&f6re%
having hid a'sonl."/i'liais1 died ime^tafe'ih'W^cif'df
the distribution of'Rs1. r,000: ,b">"
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olution. 17. On the death intestate of a Nambudri male, his
roperty property which is self-acquired or separate shall, ^ . . subject to the provisions of section 30of the [4] [Tamil '[Tamil 1 u n Nadu] Marumakkattayam Act, 1932. devolve in the Nadu order and according to the rules contained in sections ^n.f 18, 19 and 20. mf
re the 18. Where the intestate has left surviving him by a
eftu marriage or marriages in his own community one or w, more of the following relations, namely :—
iren or
i (a) a widow or widows,
:ndants.
(b) a son or sons,
(r) an unmarried daughter or unmarried daughters, and
(d) a lineal descendant or descendants (other than married females) in the male line Through a deceased son or sons,
the whole of the property shall belong ro such surviving relation or relations.
of 19. The distribution of the property among the
bution heirs referred to in section 18 shall be made in accor- Mmder dance with the following rules :—
I5, (i) The widow or, if there is more than one
widow, each of the widows, shall be entitled to a share equal to that of a son or unmarried daughter.
(i'i) Every son or unmarried daughter shall be entitled 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 which such son would have taken had he survived the intestate.
(iii) The sons and unmarried daughters af a deceased son shall be entitled in equal shares to what their father would have taken he had survived the intestate :
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 line (other than married females) where such descendants are in the degree of great-grandchildren or in a more remote degree.
Explanation.—The descendants of a son, son's son or other male descendant in the male line shall not be entitled to any share in sucb property,if such son, son's son or other descendant is alive at the time of the death of the intestate.
Illustrations.
(1) Z dies intestate leaving two widows A and B, a son C, a grandson D by such son, a married daughter E, an unmarked daughter F and by a deceased son, a grandson O, a married granddaughter II and an unmarried granddaughter J. A, B, C and F each gels one-fifth of the property, O and J one-tenth each and Z>, E and H do not get any share.
(3) Z dies ifltestat^leaving no, widow or child but leaving three gra$d$pnsj Jyand C by a deceasedf son . A" and two unmarried granddaughters D and £ by a , deceased son Y. A, B and C will each be entitled to one-sixth and D and E will each be entitled to one-fourth of Z'iproperty. i .
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20. (1) Where the intestate has not left surviving him any of the heirs mentioned in section 18, the property shall devolve on the relations and in the order specified below:—
(1) Father; ,
(2) Mother ;
(3) Brothers and sisters ; i. ■
(4) Sons and unmarried daughters of brothers:
(5) Father's father ;
(6) Paternal uncles ;
(7) Sons of paternal uncles ;
(8) Sisters'children ;
(9) Father's paternal grandfather ;
(10) Father's paternal grandfather's descendants in the male line, the nearer excluding the more remote; and
(11) Father's remoter ascendants in the male line and their descendants, the nearer ascendant and his descendants excluding the more remote ascendant and his descendants and among the descendants of the same ascendant, the nearer excluding the more remote.
! (2) property devolving on two or more heirs under sub-section (1) shall be divisible among them equally.
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21. (1) i On the death, intestate of a married $ Nambudri female, her property wjhich is self-acquired or separate j ^hall devolve- on the relations and, in the
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933: T.N Act *XXI] Nambudri 369
(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 devolving on two or more heirs under sub-section (1) shall be divisible among them equally :
Provided that where the property devolves on the relations of the husband referred to in clause (9) of sub-section (1), it shall be divisible among them in accordance with the rules laid down in section 19.
22, On the death intestate of an unmarried Nambudri Devo!ulion female, the whole of her property which is sclf-acquired ofproperty or separate shall devolve on her parents. In the 'eft by an absence of her parents, U shall devolve on her brothers N^mbu^r! and sisters in equal shares and in their abscnce it shall female devolve on hei illom. intestate.
CHAPTER VI.
Partition.
23. (I) Any member of an illom, male or female, Right of may claim to takeliis or her share of all the properties member to of the illom over which it has power of disposal and^V separate from the illom : p
Provided that where a ma}e 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
370 Nambudri ' [1933j T.N^^fxX^^^-^|
and his wife and the shares of the husband and wife shall be allotted to them jointly; and save as provided in section 24, neither the husband nor the wife shall be entitled to claim partition from the other.
(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.
(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 were 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.
Partition on 24. 0) Any member of an illom who has changed
change of his or her religion may claim, or be compelled by any religion. other member of the illom, to take his or her share
of the illom properties and separate from the illom.
Character of property taken on partition.
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(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.
25. The share obtained by any member separating from an illom under sub-section (1) of section 23 or under section 24 shall be the separate property of such member i
Provided that the share obtained by a husband and wife separating jointly under the proviso to subsection (1) of section 23 shall be taken by them with the -'* incidents of illom property. ,
•a*-*-'
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CHAPTER VII.
Miscellaneous.
26. Nothing contained in this Act shall be deemed savins, to affect any law, custom or usage applicable to Nambudri Brahmans except to the extent expressly
laid down in this Act.
27. The provisions of this Act shall also apply to Application the following communities in the Malabar district who of the Act are not governed by the Marumakkattayam law of comrru-" inheritance and who follow customs and usages similar nities.
to those of the Nambudris, namely, Adigal, Elayads,
Moosads, Pitarans and Numbissans.
vo <- n< mi1oTW*jcxpiessiofli wassutotUuted for the expression "Presidancy ji cvf Madtas." :, >y line Tamil Nadu Adaptation of LaWs Order, J97o,
which was deemed to have come into force on 1hC 14th January
,1969., , „. ............................ ',()) ,
1 41(b) th-jfeoR an overridfagefftct'over" tfaT'Othet1'1 ' law in foMjuia?JiMMy'bjfowtl«'di#Mraona6iheafdfl*lHMrfvWa«'iA so far as that taw ii incohtfstent wfthany of the'pWvtsiohfcofflhjrttjjIJtt. nl.nH
ThsHiiiiuSucJJiiioti Act, 1956 (Central Act 30 of1956) has, by * virtue of.seetijit
(2) Z dies intestate leaving no widow but leaving A a son, B an unmarried daughter, E a grandson and F an 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, O will be entitled to one-eighth and II and J to one-sixteenth each.
[1] substituted for.thei expression ''said Pre*i- " »and the. Schedule to; ibidi . : i
[2] The Hindu Marriage Act, 1955 (Central Act 25 of 1955) has ar/cfSowry. an overriding effect over any ether law in force immediately before the commencement of that Act, vide sect/on 4 (A) thereof, in so far as that law i< inconsistent with any of theprovisions contained in that Act.
* These words were substituted for the word "Madras" by th«
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the t Tamil Nadu Adaptation of Laws (Second Amendment) Ordor,
1969.
[3] Sections 11 and 12 were repealed by section 8 of the Madras Hindu (Bigamy Prevention and Divorce) Act, 1949 (Madras Act VI of 1949).
'The Hindu Minority and Guardianship Act, 1956 (Central Act 32 of 195,6) has by virtue of section 5 (b) thereof an overriding effect over any other law in force immediately before the commencement of that. Act in so far as that law is inconsistent with any of the pro. visions contained in that Act.
[4] These words weresubstitutedfortheword"Madras"bytheTamil "<■: -''J Nadu Adaptation of Laws Order, 1969, as amended by the Tamil ft **1 Nadu Adaptation of Laws (Second Amendment) Order, 1969.. -: .
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