• What is Marumakkattayam 1932

I had a sister who died issueless before 35 years but now sister's husband is claiming for my mother intestate property... 
I thought by hindu succession act 15 2 (a) he does not have any share.
But there is a section 17 which talks about Marumakkattayam where 15 2 (a) is omitted.
Kindly advise who will come under Marumakkattayam act 
We are from Tamil Nadu , India.
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Asked 13 days ago in Property Law
Religion: Hindu

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6 Answers

A Hindu wife's ancestral property cannot be transferred to her husband and he is not her legal heir as far as ancestral property is concerned.

Rahul Mishra
Advocate, Lucknow
11797 Answers
25 Consultations

5.0 on 5.0

In the Madras Marumakkathayam Act 1932, 'Marumakkathayam' is defined as the system of inheritance in which descent is traced by females, and 'Marumakkathayee' means a person governed by the Marumakkathayam law of inheritance.

To clarify your doubt, yo may once again visit the section 15 (1) of the Hindu Succession Act, 1956 which reads thus:

Section 15 in The Hindu Succession Act, 1956

15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

On a plain reading of the law it can be seen that the husband your deceased sister is entitled to inherit her share of property

 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

By the coming into force of the Kerala Joint Hindu Family System (Abolition) Act, 1975 there is no community of interest, unity of possession, right by birth and rule of survivorship. Descent through female line has also come to an end and property on death devolves upon the personal heirs as mentioned in the Hindu Succession Act. The essence of Marumakkathayam law which is that the woman is the stock of descent, which is to be in the female line, is avoided by the Act. The changes effected are so drastic that none of the characteristic features and incidents of the Marumakkathayam law survive today.

 

2) The repealing Section in the Joint Hindu Family System (Abolition) Act also indicates that the system has come to an end. The Act deals with both, the Hindu joint family as also Marumakkathayam tarwads. Under Section 7(1) any text, rule or interpretation of Hindu Law or any custom or usage as part of that law is abrogated. In M.K.B. Menon v. A.C., Estate Duty, AIR 1971 SC 2392, it was held by the Supreme Court that Marumak-kathyam law is only a branch of Hindu Law, The setting and the provisions contained in that Act also indicate that it decided to do away with the system of tarwad. By the operation of Section 7as well the system of Marumakkathayam law has ceased to exist.

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

- As per law, a married daughter has equal right in the property of her mother as the son, and in case the mother dies intestate, the married daughter inherits her share equally with the son as per the Act of 1956.

- Further, as per section 15 in The Hindu Succession Act, 1956

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

- Since she was issue-less , then her husband can claim deceased wife's share . 

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

Dear Sir/Madam,

In the Marumakkattayam law, which prevailed in Kerala wherein the families were joint families, a household consisted of the mother and her children with joint rights in property. The lineage was traced through the female line. Daughters and their children were thus an integral part of the household and of the property ownership as the family were matrilineal. It is applicable to a considerable section of people in Travancore-Cochin and districts of Malabar and South Kanara. It is followed by non Brahmin castes, Nairs and Thyas, other cognate castes and Payyannur Graman of North Malabar.

 Under the Marumakkattayam system of inheritance, descent and succession to the property was traced through females. The mother formed the stock of descent and kinship as well as the rights to the property was traced through females and not through males. Marumakkattayam literarily meant inheritance by sisters children as opposed to sons and daughters. Word Marumakkal in Malayalam means nephews and nieces. It is generally agreed by scholars that matrilineal system was the direct result of some system of polyandry that existed among ancient races. Descent through females indicated uncertain paternity. The origin of this system is traceable to polyandry prevalent in ancient Malabar is an agreed fact by historians. The joint family under matrilineal system is known as Tarawad and it formed the nucleus of the society in Malabar.

Further as per Sec 3(h) of Hindu Succession Act, "Marumakkattayam law" means the system of law applicable to persons.-

(a) who, if this Act had not been passed would have been governed by the Madras Marumakkattayam Act, 1932, the Travancore Nayar Act, the Travancore Ezhava Act, the Travancore Nanjinad Vellala Act, the Travacore Kshatriya Act, the Travancore Krishnanavaka Marumakkathayee Act, the Cochin Marumakkathayam Act, or the Cochin Nayar Act with respect to the matters for which provision is made in this Act, or
(b) who belong to any community, the members of which are largely domiciled in the State of Travancore-Cochin or Madras (as it existed immediately before the 1st November, 1956) and who, if this Act had not been passed, would have been governed with respect to the matters for which provision is made in this Act by any system of inheritance in which descent is traced through the female line.

 

The property can be inherited by tavazhi only when the intestate has died without leaving his mother or children or lineal descendants in the female line. The nearest heirs of the female member are: her children, lineal descendents in female line and in default of former: mothers tavazhi, husband and maternal grandmothers tavazhi. In default of either the whole is taken by other.

The rule of succession applicable to the property of a female or male members of the Marumakkattayam and Aliyasantana system have been enacted under Section 17 of the said Act. The section provides that, with certain modifications, the rules applicable are the same which are applied to Hindu male or female under the Hindu Succession Act, 1956. This section specifies that in case a male dies intestate, his property shall devolve: Firstly, upon the heirs, being relatives specified in class I of the schedule. Secondly, if there is no heir of class I, upon heirs of class II of the schedule. Thirdly, if there is no heir of any two classes, upon his relatives whether agnates or cognates.

The rules applicable for the distribution of property among class I and class II heirs are the same as are applicable to other Hindus, i.e., as per sec 10 and 11 of the Act.

As per sec 17 the property of a female dying intestate shall devolve on the following: Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the mother. Secondly, upon the father and the husband. Thirdly, upon the heirs of the mother. Fourthly, upon the heirs of the father. Lastly, upon the heirs of the husband.

Any property inherited by a female from her husband or from her father in law shall devolve in the absence of any son or daughter of the deceased (including the children or any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Also under the Kerala Joint Hindu Family System (Abolition) Act, 1975, the acts pertaining to Marumakkathayam and Aliyasantana system were abolished and it was an act to abolish the joint family system among Hindus in the State of Kerala.

 

Since this is a female decedents owned property line, the husband can not claim the right over the property, however if she had any children, then the property will be given to the child and not the husband.

This act belonged to the people of Kerala. you need to check whether it is applicable to your community or not, if you belong to any of the above mentioned community, the children of your sister will be the first to receive the property.

 

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Anik Miu
Advocate, Bangalore
184 Answers
1 Consultation

5.0 on 5.0

Yes it's prevalent in Kerala and applicable for the property distribution in matricial side

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

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