Procedure of Devolution of Property in Certain Cases under the Hindu Law

It is also provided that notwithstanding anything contained in sub-section (1), when a sthanamdar dies after the commencement of the Hindu Succession Act, the sthanam property held by him devolves upon the members of the family to which the sthanamdar belonged and the heirs of the sthanamdar, as if the sthanam property had been divided per capita just before the death of the sthanamdar among himself and all the members of his family then living. The shares thus coming to the members of his family and to his heirs are to be held by them as their separate property.

Sub-section (2) deals with undivided interests in kutumba and kavaru, and provides that when a Hindu to whom the aliyasantana law would have applied if this Act had not been passed, dies after the commencement of this Act, having at the time of his (or her) death, an undivided interest in such property, the property devolves by testamentary or intestate succession (as the case may be) under this Act, and not according to the aliyasantana law.

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It is further provided that the interest of a Hindu in the property of a kutumba or kavaru is to be deemed to be the share in the property of the kutumba or kavaru which would have come to him (or her), if a partition of that property per capita had been made just before his (or her) death amongst all the members of the kutumba or kavaru, then living, whether or not he (or she) was entitled to claim such partition under the aliyasantana law.

The terms marumakkattayam law, nambudri law and aliyasantana law have been defined by S. 3 (above). The effect of this section, read with section 17, is to regulate succession to property of persons hitherto governed by the above-named systems prevalent in certain parts of South India, by the simple rules of inheritance laid down in the Act.

[It may also be noted that S. 17 of the Act also makes certain provisions regarding persons governed by the marumakkattayam or aliyasantana law in connection with the application of Section 8, 10, 15 and 23 of the Act. See S. 17 of the Bare Act in Appendix IV.]

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