LexThe Tamil Nadu Nambudri Act, 1932
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The Tamil Nadu Nambudri Act, 1932
Act 21 of 1933
Keyword(s):
Anandravan, Illom, Karnavan, Major, Minor
-- -- --..- -. ---- ---
358 iYarnbudri t1933 : T.N. Act XXT
THE '[TAMIL NADU] NAMBUDRI ACT,
1932.
i TABLE OF CONTENTS.
Preliminary.
SECTIOKS.
1. Short title and application.
2. Definitions.
CHAPTER 11.
Illom and its mrtt2rrgement.
3. Proprietary right of members in illom proper-
ties.
4. Duty of karnavan to keep accounts.
5. j'alidation of sales, mortgages and leases.
6. Debt contracted by karnnvan when binding on
illom.
7. Slaintt'nancc of mcmbcrs of illom.
8. Relincltlishment of karna) anship.
9. Right of Nambudri male Lo marry in his
community.
10. Right of major Nambudti female to have her
marriage perfornied and recover the marriaye
I
expenses and don ry .
1 1. [Ornifretij.
12. [Ornitteril.
13. Dowry to be sepamte property of Nambtldri
female. _____ - - - -- -- ----_ _
1 These words were substituted for the word ''MadrasW by
theTamil Nadu Adaptation of Laws Order, 1969, as anier'ded b
the Tamil Nadu Ada ptatlon of Laws (Second Amerc'mer, t , 0, de
1969.
k, \
CHAPTER IV.
Guardianship.
SECTIONS.
14. Guardianship of minors.
15. Saving of the operation of Guardians and
Wards Act, 1890.
I I
CHAPTER V.
Intestate succession.
16. Property as to which a person is considered
to have died intestate.
17. Devolution of'property left by Nambudri
male intestate.
18, Where the intestate has left widow, children
or lineal descendants.
19. Rules of distribution in cases falling under
section 18.
20. Devolution of property where the intestate
has not left any of the heirs mentioned in
section 18.
21. Devolution of property left by a married
Nambudri female intestate.
22. Devolution of property left by an unmarried
Nambudri female intestate.
CHAPTER VI.
Prirtition.
23. Right of member to claim partition.
24. Partition on change of religion.
25. Character of property taken on partition.
Miscelluneous.
26. Saving.
27. Application of the Act to certaia, commdtislr.
Short title
and ilpplicalim,
'LTAMIL NNUJ ACT NO. XXI OF 1933.' 1
(Received the assent of the Governor on the 21st March
1933, and that of the Governor-General on the
12th April 1933 ; the assent of the Governor-
General was first published in the Port St. George
Gazerre on the 1st August 1933.)
An Act to define and amend in certain respects the
law relating to family management, marriage,
guardianship, intestate succession and partition
applicable to Nambudl i BJ ahnlans and certain
other communities, not governed by the Maru-
makkattayam law of inheritance.
WH~REAS it is expedient to ctefine and amend in
certa~n respects the law relating to family management,
marriage, guardianship, intestate succession and parti.
tion applicable to Nanlbudri Blalimans and certain
othe: col~ununities, not goverrred by the Marumak-
kattayam law ot inheritance ;
Ahm \\.HEREAS thc previous sanction of the
Governor-General has beell obtained to the passing of
this Act ;
It is hexby matted as follows :--
CHAPTER 1.
I. (1) This Act may be called the '[Tamil Nadul
Nambudri Act, 1932. -- -
These words were st~bstit uted for the word " Madras " by the
T,mil Nadu Adilptation of Laws Order, 1969, as amended by the
Tamil Nadu Aditplation of L:lws (Second Amendment) Order,
1969.
2 For Statement of Objects and Reasons, see Fort St. George
Clozetrr, datcd thc 18th August 1931-Part 1V: pages 224-225.
This Act w~ls extended to the merged Stale QE Pvd~kkottai by
section 3 of, and the F~rst Schedule to, thcTamll Nadu Merged Stab
(Laws) Act, 19-49 (Tamil Nadu Act XXXV of 1949). ,
i2) It: shV ~P~WI I .;J
(a) to all Nambudri Brahmans in the
'[State of Tamil Nadul who arenot~govemed by the
Marumakkattayarn law of inheritance ; and
' (b) to all Nambudri Brahmhs 'o6tside the I , I
41 111
I 2[said State], nut governed by the law, in respect of
immovable property sitw ted within it. ,
$' ' l2
, ,
I ':',' , ill , 1, {! !'
I I
2. Ia this Acb, unless there is anything repugnant Definitiens,
in the subject or context-- ,
(a) 'anandravan' means any member of the
illom other than the . karnavan ; , ,
(b) 'illom' means all the members of a Nam-
bueri joint family with community of property and
inciudes a 'mana' ;
Exp1unation.--A female shall on her marriage
cease to be a member of the illom in which she was
born and become a member of the illom of' her
husband ;
(c) 'karnavan' means the oldest male member of an illom in whom the right to management of its
properties vest or in the absence of a male member
tbe senior female member ;
Explanntio~t. - The seniority as between two or
more females, who become members of the illom by
marriage, shall be determined acco~ding to the dates
of their marrjages ;
,,.,. (d) 'major' means a person who has attained
I I,'
eighteen years of age ; and I
6'1
,, '(e) 'miser' means a person who has not attained eigbteen years of age, , - -- - . - ,,, , , , , ,, ',TNio kxptessioa~ was ,substituted for the expression : 'P~esidrmcy
qf,ba4r~:,, by rbc Tslnil Nadu !Adaptadon of Laws Order, 197~.
whtch was deemed to have come mto force on the' 146h January
jl.:*.r
""*11 - '
9
(OHArnER 11.
ILLOM AND ITS MANAGEMENT;
3. (1) Every member of an illom, whether male or
female, shall have an equal proprietary interest in its
(2) Such proprietary interest shall not in any
manner be impaired or affected by reason of the
deviation of such member from any orthodox custom
or usage.
4. The karnavan shall keep true and correct
accounts of the income and expenditure of the illom.
The accounts of each year shall be av~ilable for ins-
pection at the illom house by the major anandlavans
once in a year throughout the month of Kanni follow-
ing such year and any such anandravan may take
copies of or extracts from such accounts.
'15. (1) No sale or mortgaqe of ary immovable
property of an illom a?d no lease of any such property
and leases. either for a premium returnable wholly or in part or
for a period exceeding twelve years shall be valic',
unless it is executed by the karnavan for consideration,
fo~ jllom necessity or benefit, and with the written
consem of the majority of the major members of the
(2) No lease of any itnmovable property cf
an illom in cases not referred lo in sub-section (I)
shall be valitl urless it is executed by the karnavan, ?Tamil
and where the Malabar Tenarcy Act, 1929, confers Nadul
fixity of tenure cn the lessee, unlessalso the written $+or
consent of the m~jority of the major members of the 1930.
illom, has been obtained to the lease. -. ..-
, I This section was substituted for the original section 5 by
dection 48 of the Malabar Tenancy (Amendment) Act, 1951
t (Tamil Nadu Act XXXEII of 1911).
..I^*C^-.^I..l....--.--r^ - ----
(3) Nothing ccntained in sub-seclio~ (1) or
sub-section (2) shall be deemed to affect the validity
of any mortgage or Iezse executed on or before the
27th July 1950 in accordance with the law in force at
the time of such execution.]
6. No debt contracted or mortgage without posses- ~~bt
sion executed by a karnavan shall bind the illom contracted
unless the debt is contracted or the mortgage isexecuted $$mavan
for illom necessity.
I
give up his rights as kamavan.
4 'CHAPTFR 111.
MARRIAGE,
9. Notwithstanding any custom or usage to the Right of
contrary every major male Nambudri shall, subjectN~l*~~dri
4 Tamil to the provisions of section 5 of the '[Tcrn~il Nadu]
fiadul Marumakkattayam Act, 1932, and any other law in his
I &I, or for the time being in force, be at liberty to marry in ~onl1n~nit~.
1933. his own community.
perties, the reasonable expellses of such marriage as and
well as her dowry :
Provided tlpt not less that threqmoqtb previous " If\ J;,
,. , . qoolcg in qf,fhe man'isge shall ;be glvep to the
' km?v@* I,,;,, f #,:I1 , ,,,,
1: (2) The adount recoverable undkr sukCsektion (1)
shall not exceed one-third of the value of the share
which would fall to such fe-e member if a, pivision
,, , % per capjta of the properties of the illom were made , among all the members thereof living on the date of
the marriage, or rupees ten thousand, whichever is
less :
Dowry to be
separate
property of
Nambudri
' female.
Provided that where an illom consists of femaIes
only, the amount recoverable under this sub-section
may extend to the full value of her share.
&[11. * % *
* * "I
Y12. *3
13. The dowry given to a Nambudri female or
recovered by her under section 10 shall be her separate
property.
I
2CHAPTER IV.
Guardian.
ship of
minors.
14. (1) Subject to tllc provisions of sub-section (21,
the following persons it1 the order named shall be the
legal guardian of a rnluor, male or female, in respect
ot h~s or her person and separate property, ~i~irnely,
father, mother, full brothers in the order of seniority,
paternal grand fat he^, p~lternal uncles in the ordcr of
seniority, father's mother and cc~nsangujne brothers
in the ordcr of' seniority.
(2) The husband shall be the legal guardian
of his minor \\.ifc jn resprct of her person and separate
property. - ----..
Section6 I1 and 12 werc repealed by section 8 of the Madras
Hiadu (Bigamy Prevention and Dlvorce) Act, 1949 (Madras Act VI
of 1949).
'The Hindu Minority and Guardianship Act, 1956 (Centml Act
32 of 19%) has by virtue of swtion 5 (b) thereof an overr~ding effect
Q~W #ny other law in force immediately befoie the cornmenwent of
that Act m 80 fafar as that law is inconsistent with any of the pro,
vbiom contained m that Act.
I
-*r
1933:.ZN*.bct.X~r ; (8 1 1 h'ambudri,:,,$t,
Central to affect! the
Act-11 ,Act, 1890~ . ; Of 1890. I ',, qt , ,'
or l,f,,
'CHAPTER V. I I /! j 1
8' I , I fll ' 1 211
INTESTATE SUCCES'~~ON. ' f, ''1 ,, 0
16. A person i5 deemed'to die intestate in respect of ~~~~~~{ p '
ail property of which he has not made a testamentary person is
dlsposit ion which is capable of taking effect. codsidered , i , $1 I , : to have died
Illtrstrations.
(i) A has left no will. ~e' has died intestate in I
respect of the whole of his property. ,
(it J A has left a will whereby he has appointed 8
his executor but the will contains no other provisions.
A has died intestate in respect of the distributidri of his
property. , !I
1 I 0 I/ 1) )
(iii) A has bequeathed his whole property for an . , . , .
illegal purpose. A has died intestate in tespcct of the
distribution of his property. , ,,, , , , , 1 , ,, ,
olution -
roper t y
by ~budri
: intes-
re'the
itate
eft
w,
lren or
I
8 of
but ion
;e s
g under
111 18.
t - -<- - Z'Z' ,
366 Nam budri . 11933 : T.N- Act XXf
17. On the death intestate of a Nambudri male, his
property which is self-acquired or separate shall,
subject to the provisions of section 30of the '[Tamil 1frauil
Nadu] Marumakkattayam Act, 1932, devolve in the Nadu
order and according to the rules contained in sections gnaI
18, 19 and 20.
18. Where the intestate has left surviving him by a
marriage or marriages in his o\m community one or
more of the following relations, namely :-
(0) a widow or widows,
(6) a son or scns,
(c) an upmarried daughter or unnlanied
da~rghters, and
(ti) a 1ine:il descendant or desceridants (other
than mariled females) in the male line rhroush a
dcceabcd son or sons,
the whole of the property shall belong ro such surviving
relaiion or relations.
19. The distrrbution of the property smong the
heirs referred to in section 18 shall he made in accor-
dance with the following rules :-
(i) The widow or, if there is nlore than one
widow, each 01' thu widows, shall be entitled to a share
equal to t h2t of a son or unmarried daughter.
(ii) Every son or unmarried daughtcr shall be
elltitled to an equal share :
provided that if a son has pre-deceased the
intestate his lineal descendants in the male line (other
than married females) shall be entitled to the share
wlliclz such son would have taken had he survived .
the intestate.
1 Time words weresubstituted for tho word "Madras" by theTamil .*
Nadu Adaptation of Laws Order. 1969, as amended by the T~u ri
Nadu Adaptation of Laws (Second Amclldmeat) Orbar, 1%9,,., ,1 . * . - -1
t I
-.
1933: T.N. Act XXI] ~mn&dd
Provided that if a son's son haspre-deceased the
intestate, his lineal descendants in the male line (other
than married females) shall be entitled to the share
which such son's son would have taken had he survived
the intestate.
(iv) In like manner, the property shall go to the
surviving lineal descendants of the intestate in the
male iine (other than married females) where such
descendants are in the degree of great-grandchildren
or ill a more remote degree.
Esp1anation.-The descendants of a .on, \on^s son
or other male descendant in the male line shall not be
entitled to any sharein suck property, if such son, son's
so11 or other descendant is alive at the time of the death
of the intestate.
I/I~istrc~tio~ts.
(1) Z dies intestate leaving two widows A and B,
a so11 C, a grandqon D 11y such son, a married diughter
E, an unrn~rrkd daughter F and by a dcceascd son,
a grandson 0, a married granddaughter If and an
unmarried granddaughter J. A, B, C ant1 F each gels
one-fifth of the property, Q and J one-tenth each and
D, E and H do not get any share.
(2) Z dies intestate leaving no widow but leaving '4
a son, B an unm~rried daughter, E a grandson and
Fan unmarried granddaughter by a deceased son C,
an unmarried granddaughter O by a deceased son D
and two great grandsons H and J by a deceased son
of D. A and B will each be entitled to one-fourth
of the property, E and F will each be entitled to one-
eighth, Q will be entitled to one-eighth and tl ant! J to
one-sixteenth each.
I
flamb~f?! 5 ,,,tm i (TP-, , PetR1:~ 1
onesixthand D and E will each be entitled to one-fourth
of 2's brbperty1, ,
, ( ', ' I
ion 20. (1) Where the illtestate has not left surviving
~ty him any of the heirs mentioned in section 18, the
la property shall devolve on the relations and in the order
I specified below :-
1dn
(1) Father ;
ed (2) Mother ; n (3) Brothers and sisters ;
(4) Sons and unmarried ciarighters of brothers :
(5) Father's father ;
(6) P-aternal uncles ;
(7) Sons of paternal uncles ;
(8) Sisters' children ;
(9) Father's paternal grandfather ;
(10) Father's paternal grandfather's descen-
dants in the male line, the nearer excluding the more
remote ; and
(1 1) Father's remoter ascendants in the male
line and their descendants, tbe nearer ascendant and
his descendants excluding the more remote ascendatit
and his descendants and'among the descendants of the
same asdpdadt, the nearer exclt~din the more remote. 7
I (2) 'koperty devolving on two or more heirs
under sub-section (1) shall be divisible among then1
equally.
I ..,,,I4 t t?' , I, .
m 21. (1),0n the daatb idfesrade bf a married Nambudri femle, her property, ,which is solf-acquired
or qja~qtc ishall dkvolva on thelrqlatipns an4, in
or&~tlsp&iW,bl~~,:-~~, ,, \\ ,, I, *$I
~Ir~(ll)l&n~~atzddaugbte&~!,~~ 11' ,- r,,,~ : ,
\ 11, tttt,q-j
1 IJ;,'
I'll 'it i
\
(4) Husband ;
(5) Father ;
(6) Mother ;
(7) Brothers and sisters ; .
(8) Brothers' and sisters' children ;
(9) Relations of her husband mentioned in
section 18 and not included in clauses (1) and (2) ;
and
(10) Relations of her husband mentioned in
sub-section (1) of section 20 in the order specified
therein.
(2) Property devolvkg on two or more heirs
under sub-section (1) shall be divisible among them
equally :
Provided that where the pro erty devolves on the
S relations of the husband referre to in clause (9) of
sub-section (I), it shall be divisible among them in
accordance with the rules laid down in section 19.
22. On the death intestate ofan unmarried Nambudri Dcvolu,ion
female, the whole of her property which is self-acquired .f property
or separate shall devolve on her parents. In the left by an
absence of her parents, it shnll devolve on her bruthe] s unmarried Nnmbutlri and sisters in equal shares and in their abscncc it .hall fenlaic
devolve on he1 illom. intastate.
CHAPTER VI.
PARTITION.
23. (1) Any member of fin illom, male or female, Right of
may claim to takehis or her shnrc of all the properties rnernbetto I
of thr. illom over which it has power of dispo\nl alld C$;ion,
scpnratc from the illom : I
Provided that where a mqle member of an illom
whose wife is also a member thereof claims to separate
from the illom, he shall do so on behalf of himself
125-14-24
. and his wife and the shares of the husband and wife
shall be allotted to them jointly; and save as provided
t in section 24, neither the husband nor the wife shall
be entitled to claim partition from the othcir.
(2) (a) A member of an illom separating from it
under sub-section (1) shall be entitled to such share
of the illom properties as would fall to him or her if a
division per capita were made among all the members
of the illom then living.
Partition on
change of
religion.
Character of
PrOPatY taken on Iwtltion,
(b) A husband and wife separating from an
illom under the proviso to sub-section (1) shall be
entitled to such share of the illom properties as would
fall to them if a division per capita wers made among
all the members of the illom then living.
(3) No claim to separate from an illom made on
behalf of a minor member shall be allowed by any
court unless it is satisfied that such separation would be
to the benefit of such minor.
24. (1) Any member of an illom who has changed
his or her religion may claim, or be compelled by any
other member of the illom, to take his or her share
of the illom properties and separate from the illom.
(2) The member who claims or is compelled to
divide from the illom under sub-section (1) shall be
entitled to such share of the illom properties as would
fall to him or her if a division per capita were made .
among all the members of the illom then living.
25. The share obtained by any member separating
from an illom under sub-section (I) of section 23 or
under section 24 shall be the separate property of such
member I
. .~