The Kerala Joint Hindu Family System (Abolition) Act, 1975 (No.30 of 1976)

155’
THE KERALA JOINT HINDU FAMILY SYSTEM
(ABOLITION) ACT, 1975
(Act 30 of 1976)
CONTENTS
Preamble.
Sections
1. Short tltle, extent and commencement
Defimtlon
—
Bll‘th 1n famlly not to glve use to rlghts 1n property
Jomt tenancy to be replaced by tenancy 1n common
Rule of [3101.18 obllgatxon of Hmdu son abrogated
Llabxhty of members of Jomt Hmdu famlly for debts
contracted before Act not affected
7. Repeal
The schedule
GUIQOON
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 1t 13 expedlent to abollsh the Jomt
family system among Hindus 1n the State of Kerala,
BE 1t enacted in the Twenty-stxth Year of the Repubhc
of Iudla as follows
——
1 Short title, extent and commencement—(1) Thxs Act
may be called the Kerala Jomt Hlndu Famlly System (Abolltlon)
Act, 1975
*Recclvcd the assent of the Presdent on the 10th August 1976 and
pubhshed m the Kerala Gazette Extraordmary No 484, dated 17th
August, 1976.

156
(2) It extends to the whole of the State of Kerala.
(3) It shall come 1nto force on such date as the Govern-
ment may, by notlfication 1n the Gazette, appomt,
2 Definition—In thrs Act, ”Jomt Hindu Fanuly” means
any Hmdu family w1th commumty 01 property and 111clude=.——
(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 Cochln Maru-
makkathayam Act, XXXIII of 1113,
(2) a kutumba or kavaru governed by the Madras
Ahyasanthana Act, 1949,
(3) an lllom governed by the Kerala Nambudn‘i Act,
1958, and
'
(4) an und1v1ded Hlndu family governed by the Mita-
kshara law. .
3 Birth in family not to give rise to rights in property.—
On and after the commencement oi th1s Act, no right to clann
any interest 1n any property of an ancestor durmg his or her
l1fet1me Wthh lS founded on the mere fact that the clalmant
was born 1n the family of the ancestor shall be recogmsed 1n any
court.
\
4 Joint tenancy to be replaced by tenancy in common—-
(1) All members of an und1v1ded Hindu Family governed by the
M1takshara law holding any coparcenary property on the day
th1s Act comes 1n't0 force shall, With effect from that day, be
deemed to hold 1t as tenants—in—common as If a partition had
taken place among all the members of that undiVIded Hlndu
family as respects such property and as if each one of them L)
holding his or her share separately as lull owner thereof
Prov1ded that nothing 1n thls sub—sectlon shall afi‘ect the
right to mamtenance or the right to marriage or funeral
expenses out of the copalcenary property or the right to
resrdence, 11 any. of the members of an und1v1ded Hindu family,
other than persons who have become entltled to hold their
~¢.
4.0....“
_
.-

\ 157\
shares separately, and any such rrght can be enforced as if this
Act had not been passed
(2) All members of a Jomt Hlndu Famlly, other than an
undwrded Hmdu famlly referred to m sub-sectlon (1), holdmg
any 101m famtly property on the day thlS Act comes Into force,
shall, wrth effect from that day be deemed to hold 1t as tenants-
1n~common, as If a partrtron of such property per capzta had
taken place among all the members of the famrly hvmg on the
day aforesald, whether such members were entrtled to clarm
such\partrt10n or not under the law apphcable to them, and
as 1f each one of the members rs holding hrs or her share
separately as full owner thereot
5 Rule of prous obhgahon of Hindu son abrogated.—
(1) After the commencement of thrs Act, no court shall, save
as provrded m sub-sectron (2), recognlse any rrght to proceed
agamst a son, grandson or great-grandson for the recovery of
any debt due from hls father, grandfather or great-grandfather
or any ahenatlon of property 1n respect of or In satlsfaction of
any such debt on the ground of the prous obhgatmn under the
Hrndu law, of the son, grandson or great-grandson to drscharge
any such debt.
(2) In the case of any debt contracted before the com—
mencement of thrs Act, nothmg contamed 1n sub-sectron (1)
Shall affect——
(a) the rrght of any credrtor to proceed agamst the
son, grandson or great-grandson, as the case may be, or
(b) any ahenatron made 1n respect of, or m satrsfaction
of, any such debt,
and any such rrght or ahenatron shall be enforceable under the
rule of plous obhgatron 1n the same manner and to the same
extent as It would have been enforceable 1f thrs Act had not
been passed
Explanation—For the purposes of sub-sectron (2), the
expressron “son” “grandson”, or "great—grandson" shall be
deemed to refer to the son, grandson or great—grandson, as the
case may be, who was born or adopted prror to the commence—
ment of thls Act.

158
6. Liability of Members of Joint Hindu Family for debts
contracted before ‘Act not aflected.—Where a debt bmdmg on
a Jomt Hmdu Famxly has been contracted before the commence-
ment of thlS Act by the Karanavan, Yejman, Manager or
Kartha, as the case may be, of the Iamlly, nothing herem con-
tained shall affect the llablhty of any member of the famlly to
dlscharge any such debt and any such liabllity may be enforced
against all or any of the members hable therefor 1n the same
manner and to the same extent as 1t would have been emorce-
able if thls Act had not been passed
7. Repeal —(1) Save as otherw15e expressly prov1ded m
thrs Act, any text, rule or interpretatlon of Hindu Law or any
custom or usage as part of that law 1n force Immediately before
the commencement of th1s Act shall cease to have effect w1th
respect to any matter for Wthh provrsion is made m thls Act.
(2) The Acts mentioned 1n the Schedule, 1n so far as
they apply to the whole or any part of the State of Kerala,
are hereby repealed.
THE SCHEDULE
[See sectlon 7 (2)]
Acts repealed
(1) The Madras Marumakkathayam Act, 1932 (XXII
of 1933),
(2) The Madras Alxyasanthana Act 1949 (IX of 1949),
(3) The Travancore Nayar Act, II of 1100,
(4) The Travancore Ezhava Act, III of 1100,
(5) The NanJmad Vellala Act of 1101 (VI of 1101),
(6) The Travancore Kshatrlya Act of 1108 (VII of 1108),
(7) The Travancore Krlshnanvaka Marumakkathayee
Act, VII of 1115,
(8) The Cochm Th1yya Act, VIII of 1107,
(9) The Cochm Makkathayam Thlyya Act, XVII of 1115 ,
(10) The Cochm Nayar Act, XXIX of 1113,
(11) The Cochm Marumakkathayam Act, XXXIII of 1113,
(12) The Kerala Nambudm Act, 1958 (27 of 1958)
"t

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