Kerala Joint Hindu Family System (Abolition) Act, 1975
No: 30 Dated: Aug, 17 1976
THE KERALA JOINT HINDU FAMILY SYSTEM (ABOLITION) ACT, 1975
(Act 30 of 1976)
An Act to abolish the Joint family system among Hindus in the State of Kerala.
Preamble. - Whereas it is expedient to abolish the Joint family system among Hindus in the State of Kerala,
Be it enacted in the Twenty-sixth Year of the Republic of India as follows -
1. Short title, extent and commencement. - (1) This Act may be called the Kerala Joint Hindu Family System (Abolition) Act, 1975
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint,
2. Definition. - In this Act, "Joint Hindu Family" means any Hindu family with community of property and includes. -
(1) a tarwad or thavaa governed by the Madlas Marumakkathayam Act, 1932, the Travancorc Nayar Act, II of 1100, the Travancore Ezhava Act, III of 1100, the NanJmad Vellala Act of 1101, the Travancore Kshatriya Act of 1108, the Travancore Knshnanvaka Marumakkathayee Act, VII of 1115, the Cochm Nayar Act, XXIX 01 1113, or the Cochin Marumakkathayam Act, XXXIII of 1113,
(2) a kutumba or kavaru governed by the Madras Ahyasanthana Act, 1949,
(3) an illom governed by the Kerala Nambudnm Act, 1958, and
(4) an undivided Hindu family governed by the Mitakshara law.
3. Birth in family not to give rise to rights in property. - On and after the commencement of this Act, no right to clam any interest in any property of an ancestor during his or her lifetime With is founded on the mere fact that the claimant was born in the family of the ancestor shall be recognised in any court.
4. Joint tenancy to be replaced by tenancy in common. - (1) All members of an undevided Hindu Family governed by the Mitakshara law holding any coparcenary property on the day this Act comes into force shall, With effect from that day, be deemed to hold it as tenants-in-common as If a partition had taken place among all the members of that undevided Hindu family as respects such property and as if each one of them holding his or her share separately as full owner thereof
Provided that nothing in this sub-section shall 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 undevided 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
(2) All members of a Joint Hindu Family, other than an undivided Hindu family referred to in sub-section (1), holding any joint family property on the day this Act comes Into force, shall, with effect from that day be deemed to hold 1t as tenants-in-common, as If a partition of such property per capita had taken place among all the members of the family living on the day aforesaid, whether such members were entitled to claim such partition or not under the law applicable to them, and as if each one of the members rs holding hrs or her share separately as full owner there of