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1971 (10) TMI 33 - SC - Indian LawsWhether the income of the properties put in possession of the male members under the karar of 1909 continues to be the income of the family? Held that:- On an examination of the various clauses in the karar, it is obvious that the joint status of the parties was not disrupted. The arrangement made in the karar was only an arragement for providing maintenance. No party was given any absolute right in any portion of the family properties. The properties mentioned in the karar continued to be the properties of the family. The arrangement made under the karar cannot even be considered as a permanent arrangement. The properties were not divided on the basis of tavaies. The liability to maintain the male members, aged more than 21 years excepting parties Nos. 2, 3 and 4, continued to be that of the karnavan. The karar also does not provide for devolution of the properties allotted to parties Nos. 2 to 4. Hence, those properties must necessarily go back to the possession of the karnavan after those members die. We have earlier seen that the responsibility of performing the marriage ceremonies of the female members continued to be that of the karnavan. He is also responsible for the payment of land revenue in respect of the family properties excepting properties included in schedule " A " to the karar. Under these circumstances, it, is not possible to hold that the karar in question embodied an irrevocable settlement In the. every nature of things, 'the arrangement made under that karar must be held to be one which is revocatole if there is any substantial chaw in the circumstances of the family. For our present purpose it is sufficient if we hold that the properties allotted for the enjoyment of the various members of the family under the karar continued to be the properties of the family.
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