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Tuesday 27 February 2007

The Kerala Joint Hindu Family System (ABOLITION) Act, 1975

Joint family System amoung Hindus of Kerala was abolished with effect from 01.12.1976 by Act 30 of 1976. Thereafter birth in family does not give rise to rights in property .On and after the commencement of this Act, one has no rights to claim any interest in any property of an ancestor during his or her lifetime which is founded on the mere fact that the claimant was born in the family of the ancestor shall be recognized in any court. Joint tenancy was replaced by tenancy in common:

(1) All members of an undivided Hindu family governed by the Mitakshara law holding any coparcenary property on the day this Act came into force would be deemed to hold it as tenants-in-common as if a partition has taken place among all the members of that undivided Hindu family as respects such property and as if each one of them is holding his or her share separately as full owner thereof. This however does not affect the right to maintenance or the right to marriage or funeral expenses out of the coparcenary property or the right to residence, if any, of the members of an undivided Hindu family, other than persons who have become entitled to hold their shares separately, and any such right can be enforced as if this Act had not been passed. (....read more)

31 comments:

  1. In a property bought by a mother for herself and her three children in 1942,can the grandchildren(born in 1968 and 1970 respectively)claim shares in the year 2001?

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  2. In a property bought by a mother for herself and her three children in 1942, can the grandchildren (born in 1968 and 1970 respectively)claim shares in 2001?

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  3. Comment to Vijayalakshmi:

    1) In whose name was the property registered in the year 1942?

    2)To which Hindu religious group( nair, namboodiri, thiyya(eazhava) etc.) do the parties belong?

    3)Of the three children how many are male/female?

    4) Is the mother alive; if not date of death?

    5) Are all the three children of the mother alive?

    6) How many children were born to each of them before 1976?

    These additional info are required for your special case.

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  4. Property acquired by grandfather in 1950s. Now the rights are inherited by my mother. We are a family of 4 sis & 1 bro. Do I as an eldest daughter have a right to the property? Mother is alive so the sharing would be by 6 including mothers share or into 5 with only the daughters & sons shares?

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  5. my father get a property(20cent)from fathers mother(gift-1994).my father have three son. can i claim partition in that property(my birth 1973)

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  6. We weree holding joint family property under Marumakkathaya . In 1960 the said property was partitioned in the ffollowing manner.

    1. to my grand mother
    2. to my maternal uncle
    3. to my three sisters separately
    4. Since myself and my brother were minors, the remaining portion were kept as under.

    1. To my mother
    2. to my my 4th sister who is major
    3. myself minor
    4. my brother minor.

    In other words under the same partition deed remaining property was partitioned in favour of my mother, myself(minor at that time) my brother (minor at that time), my sister (major at that time).
    In 1976 we mother brother and the 4th sister partitioned. That that sister had 3 issues and thus this property was divided into 7 portions. One to mother , one to myself and one to brother and 4 to sister (3 + 1)

    Please let me know whether the said sister is entitled for 4 shares .

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  7. This comment has been removed by the author.

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  8. In terms of Namboodiri Act 1958 all Male members and unmarried females have equal right in their family ancestral property.However on account of abolition of Hindu joint families Act in 31-12-1976 all the male members and their wifes and their children who are born or married after 01-01-1977 will have no right in their ancestral property.In terms of the Hindu Succession Act (Amendment)of 1974 all male and female members have equal rights in their ancestral property. The Act have repealed all the previous acts in this regard. My question is whether the rule is applicable to the male and female members born or married after 2005 or this will have effect for the persons who are born or entered to a family on account of the marriage to a male family member and their children (Those who are not in the family before 01-12-1976) after 1-1-1977 also. Kindly clarify?

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  9. In terms of Namboodiri Act 1958 all Male members and unmarried females have equal right in their family ancestral property.However on account of abolition of Hindu joint families Act in 31-12-1976 all the male members and their wifes and their children who are born or married after 01-01-1977 will have no right in their ancestral property.In terms of the Hindu Succession Act (Amendment)of 1974 all male and female members have equal rights in their ancestral property. The Act have repealed all the previous acts in this regard. My question is whether the rule is applicable to the male and female members born or married after 2005 or this will have effect for the persons who are born or entered to a family on account of the marriage to a male family member and their children (Those who are not in the family before 01-12-1976) after 1-1-1977 also. Kindly clarify?

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  10. Can an a hindu adult son demand and get his share in family proprty through court proceedings while the head of family is alive but, unwilling to partition the property?

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  11. dear sir, can u enlighten me with the following
    1. we are governed by mitakshara law inheriting the property through male line only. daughters no right in the anscestral property.
    2 we are three- two daughters and one son.
    3 father was holding the anscestral joint family property.
    4 father died in 2001 may
    5 no partion is done during fathers life tim
    6 with the abolition of joint family abolition act 1976, it was told the daughters are entitled to equal share in the anscestral property.
    7 we are from kerala but brahmin family governed by mitakshara law
    8. all the three children are born before 1956
    plaes advice whether we are entitled to equal share if we file a partition suit
    dr.hema subramanian

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  12. Many thanks.

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  13. Hai

    Iam 28 year old person. My family is joint family. The property belonging to us is grand father. He passed away 9 years old. my father has two brothers and both are married. one brother is passed away and has wife and one daughter. Other father borther has two daughter and two sons and both married and have children.This brother is the karanawar of the family right now.

    Also My father has 5 sisters and they married before 1976.


    we have 2 acres in the name of Grandfather.

    Can i Know how will be the Partition.

    Members
    1) My Father
    2) My Mother
    3) My sister( married 1991)
    4) My Brother ( Married)
    5) my brother wife
    6) My brother son (1)
    7) my brothr son ( 2)
    8 me ( not married)

    II)

    9) my Father brother ( Eldest)
    10) His Wife
    11) Daughter 1 ( Married)
    12) Daughter 11( Married )
    13) Son 1
    14) Son 1 wife
    15) Son of Son 1
    16) daughter of Son1
    17) Son 2
    18) wife of Son 2
    19) daughter of son 2

    iii)

    20) My Father brother ( Passed away)
    21 ) His Wife
    22) Daughter

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  14. prperty of our grandmother(received by bhagapathra) deceased before 1976 to be partitioned now. Who will be the parties? we belong to hindu nair caste. My father deceased on 2009. Are the daugheters and son of the alive daughters of our grand mother eligible for a share? They are born before 1976.

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  15. jayachandran nair29 January 2011 6:45 am

    Whether a child born in nair family before 1976 will get rights in the thavazhi property ? whether mother alone can sell the property without the consent of the daughter who born 1976 in a joint family?

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  16. My grandfather had a huge property in Kerala, which is worth 2 crores. He has 6 sons and 2 daughters. I am one of his daughter's daughter. He died in the year 1995. My mother's brother's claim that my grandfather has not written my mother's name in the 'veel' because of some personal indifferences between my mother and my grandfather. Now my grandmother is the whole and sole of the property and has distributed it to her 9 children without my mother's name. Now, can me and my sister claim the property or can get some compensation from my uncles and aunts? Is it possible as we are also the legal heirs? What can be done? Please help us? My mother has not acquired any property of her own till now... but she does not want to claim any property from her mother... But me and my sister want to claim... How do we go about it? Please help us....

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  17. Dear Sir,
    whether i have any legal right in my grandfather's (mother's father)property.details as follows :
    1. i am tulu brahmin (potty / embran)
    2. my mother expired in 2001.
    3.i am 39 years old (1972 born).
    4. mother is eldest of them - 2 brothers + 1 sister - all others(except my mother) NOT married - one brother expired - now 1 brother + 1 sister remaining
    5. i am youngest of my 1 brother + 2 sister - all married and alive.

    do i have any legal right?
    kindly advise.
    anand

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  18. CA Prasanth Srinivas5 March 2012 8:49 pm

    Kerala Joint Hindu Family (Abolition) Act, 1975 - What was the reason for enacting this law?

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  19. dear sir,
    we belong to nair community and hola a joint property of 30 cents which aqire through gerneration.the property has no pattayam and adiadharam.me, and my family staying there.tax is in the name of grand mother.my grand mother has two brothers and one sister.the property is not partioned to yet.my grand mother has three brothers.her sister has one.if this property partioned now whether my father get independent share .we are staying here more than 90 years.

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  20. dear sir,
    we belong to nair community and hola a joint property of 30 cents which aqire through gerneration.the property has no pattayam and adiadharam.me, and my family staying there.tax is in the name of grand mother.my grand mother has two brothers and one sister.the property is not partioned to yet.my grand mother has three brothers.her sister has one.if this property partioned now whether my father get independent share .we are staying here more than 90 years.

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  21. Hello Sir,
    Your blog has great potential in promoting legal literacy.
    I have a doubt which I hope will be cleared by you:
    We are a joint Hindu Thiyya family (Kannur District). My grand mother's property was divided among her 4 children [(1) My uncle let us call A, (2) my uncle B (3) My mother and (4) My mother's sister] in the year 1970.
    One fourth of the property was given (registered) to my uncle A, who is the eldest with wife and children. The remaining portion of the property was kept jointly and registered to my uncle B, my mother and my mother’s sister. Uncle B and mother’s sister are unmarried.
    Uncle B expired in 1972. Uncle A expired afterwards, followed by my mother. Recently my mother’s sister also expired and myself and my brothers (we have no sisters) are in possession of the joint property of uncle B, my mother and my mother’s sister .
    My doubt is whether the children of uncle A have any right on the property of uncle B.
    Please note that my uncle A got separate from the joint family system in 1972 itself by getting his share.
    With best wishes

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  22. Sir,
    We are Joint Hindu (Nambiar) family, My mother got Property by partition at 1964 from the Tarawad, she has two children (one male and one female)at the time of partition. So she got share accordingly (3 shares) the children name also mentione d in the document. after that in 1969 I (female)born, and now we three children are there. Now my mother expired two yeares back. While partion of the whole property now what is my claim. Shall I get equal share like two of my elders? Please reply me. Thanks

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  23. Sir,
    We are a Nair Family. My father's ancestral property was partitioned in 1977 and the share was divided in to 7 parts . Grnadmother and 6 children. In the partition deed it as mentioned that if my grandmother dies in estate without making any will / doc her share will enjoyed equally by her 5 children except 6th child ( my uncle) who will have no right in her property. he was one of the executant of the partition deed. My father and another uncle was away in lieu of their job and on behalf of them their elder brother had signed the deed on the basis if POA. I would like to know whether my uncle ( 6th child of my grand ma) will have any right on the grandma's property.
    please revert
    Suresh

    ReplyDelete
  24. Sir,
    We are a Nair Family. My father's ancestral property was partitioned in 1977 and the share was divided in to 7 parts . Grnadmother and 6 children. In the partition deed it as mentioned that if my grandmother dies in estate without making any will / doc her share will enjoyed equally by her 5 children except 6th child ( my uncle) who will have no right in her property. he was one of the executant of the partition deed. My father and another uncle was away in lieu of their job and on behalf of them their elder brother had signed the deed on the basis if POA. I would like to know whether my uncle ( 6th child of my grand ma) will have any right on the grandma's property.
    please revert
    Suresh

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  25. Sir,
    We have a tarvad property under marumakata law owned by my Grand mother in Kerala-Palakad.
    My Grand mother had 5 children (including my mother).
    I was born in Aug. 1974. My mother died in 1987.
    Can you suggest what is my share under this property.

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  26. We belong to the Namboothiri caste system. My father and grandmother jointly got a property as their family share from their Tharavaadu in 1957.My father's younger sister was married before 1956.So as per the customs of those days she didn't get any share of her own and didn't have a chance to sign in the agreement of partition. Now my grandmother and father are not alive.
    There was clause in the Bhagapathram that after the death of my grandmother the property will belong to my father as his ancestral right.Now we(including mother,three daughters and son)want to share the property among us. Is there any ancestral right to our father's sister by which she can claim her share? And if so, how much?

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  27. Sir,

    Is there any new judgement from Supreme Court which entails that ancestrel property will only be divided among the immediate heirs and not among everyone who is born before 1976?

    Regards

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  28. Sir,

    We belong to a hindu nair family. My mothers ancestral property was divided in 1985 among (8 children + 2 one for my grand father and grand mother). My cousins who were born in 1969(minor at the time of division) was given no share in the property.My mother and father has now bought 7 shares of divided land from my mothers siblings. Now my cousin has filed a case in 2010 asking to dissolve the land division in 1985 claiming she was a minor in 1985 when property was divided. Is she eligible to file a petition now after so many years. My mother and father as devastated as they have invested their whole life saving in buying those property. Kindly guide.

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  29. Dear Sir I am living with my mother outside Kerala. She is bedridden and i am the lone person to take care. She is hte eldest daughter of a family in Kerala with 42 cent land in Trichur. The land and the house over it is not being used by any of her five sibbilings but none of them are willing for partition. What is the legal remedy for partition of the land . rgds

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  30. Dear Sir This is regarding the partition done in 1991 for my mother's ancestral property. My grandmother has four children, my mother, two sisters, and one brother. My mother with we two (sister born in 1971, and myself in 1976), the next mother's sister with one male child (born after 1976), the next mother's sister with female child (born after 1976), and my uncle. So the property divided into 9 shares including one share for my grandmother. During the partition in 1991 I was a minor. The question is whether the two kids born after 1976 are legally eligible for the share in this property, and at that time since I was a minor, can I claim for a re-partition of the abovesaid property?

    ReplyDelete

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