TMI Blog1991 (3) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... 144 of 1990 instituted in the court of the Subordinate Judge, Trichur, in which a decree in favour of the plaintiff was made. Firstly, the decree dated 30-11-1985 declares that: (i) the property surrounding the temple, the temple itself and the accessories are the common property of the Mundan-thara tarwad which includes the plaintiff and the defendants; and (ii) every member of the tarwad has a right to worship and perform ceremonies in the property set out in the schedule to the plaint, which includes the land surrounding the temple. Secondly, the decree perpetually injuncts the defendant No. 1 from obstructing the plaintiff and other members of the tarwad in the worship and performance of ceremonies in the property mentioned in the sc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zhava community governed by Makkathayam system. In a partition effected in 1908, the tarwad was divided into three thavazhies. But the property which is the subject-matter of the suit was kept undivided because the temple in question was situated in the property, the intention being that all the members of the tarwad should continue to worship in the temple. All the members of the tarwad used to worship and offer pooja at the temple as they are alone entitled to do so. But in April, 1978 the defendant No. 1 without any right constructed house in the property thereby violating the rights of the members of the tarwad and attempted to obstruct the worship by other members. This necessitated the suit in which the decree set out in paragraph No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... death of any member, his or her interest in the tarwad property deveolves on the other members of the tarwad by survivorship. Both male and female members have equal rights in tarwad property. The limited estate of Hindu woman so familiar to Mitakshara law is unknown to Marumakkathayam law. 7. The Madras Legislature and later on the Kerala legislature modified the law so as to bring it in conformity with growing needs and aspirations of a progressive community. The urge towards progressive legislation, reform and the confluence with the mainstream of Hindu law was evident as early as the introduction of the Hindu Code Bill. It is significant that the report of the Select Committee on the Hindu Code Bill omitted the exceptions proposed i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hindu Families in Kerala were repealed. They include the Travancore Nayar Act II of 1100, the Travancore Ezhava Act III of 1100 and the Cochin Marumakkathayam Thiyya Act XVII of 1115. 9. The effect of the Kerala Joint Hindu Family System (Abolition) Act 1975 is that concept of succession through females and the constitution of tavazhis and tarwads, which were the foundations of the Marumak-kattayam system has been abolished. The law which now governs Hindus in Kerala, as indeed everywhere in India, is the Hindu Succession Act 1956. 10. Against the background of the facts stated in paragraphs 2, 3 and 4 and the statement of law in paragraphs 5, 6, 7, 8 and 9, the question is whether the petitioners are the legal representatives of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tate in land is the degree, quantity, nature or extent of the interest which a person has in it. While in its primary and technical sense the term estate refers only to an interest in land, yet, by common usage it has acquired a much wider import and application,' being applied to personal property as well as reality, and in its most extreme sense signifying everything of which riches or fortunes may consist. The concept of estate comprehends all that a man has property or ownership in, real or personal. 15. Does the interest held by the deceased Velayudhan constitute estate ? Consider the decree made by the learned trial Judge. The plaint and the decree are not confined to a mere right to worship, but embrace the rights in the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted for. In order to understand this question one must consider whether the petitioners are heirs of the deceased in accordance with the law applicable to them. The word heir has been defined to mean any person, male or female, who is entitled to succeed to the property of an interstate. The Act except otherwise provided therein, has overriding effect. The previous laws ceased to have effected upon the commencement of the Hindu Succession Act. Even when a Hindu governed by Marumakkattayam System of Law dies having an interest in the property of tarwads, tavazhies or illoms, his interest in the property devolves by succession under the Hindu Succession Act and not according to Marumakkattayam System of Law. The general rules of succession ..... X X X X Extracts X X X X X X X X Extracts X X X X
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