AIR 1993 KERALA 146 ::(1993) 2 HinduLR 99 ::(1993) 1 Ker LT 174 ::(1993) 1 Ker LJ 187 ::ILR(ker) 1993 (2) KER 1

Kerala High Court

Hon'ble Judge(s): M. Jagannadha Rao , C.J. AND K. A. Nayar, T. V. Ramakrishnan, P. Krishna Moorthy, K. P. B. Marar , JJJ

(A) Marumakkathayam Law - Inheritance - System is matrilineal. The Marurnakkathayam system of inheritance means the system of inheritance by descent from a common ancestress. It is called a matrilineal system of inheritance and is somewhat different from the patrilineal system of inheritance in the various branches of Hindu Law. Various principles of succession were being applied both when a male died or a female died, in the South-Western parts of this country and these principles of succession were generally treated as Marumakkathayam system of inheritance.(Para 12A) (B) Hindu Succession Act (30 of 1956) , S.17, S.30— Travancore Nair Act (2 of 1100) , Chap.IV, Chap.V— Testamentary and intestate succession - Provision of Nair Act so far as are repugnant to any provisions of Hindu Succession Act would be void to the extent of repugnancy. Constitution of India , Art.254— (Para 18) (C) Hindu Succession Act (30 of 1956) , S.17— Kerala Joint Hindu Family System (Abolition) Act (30 of 1976) , S.3, S.7(1)— Object of Kerala Act is to abolish joint family system among Hindus - It did not intend to occupy field relating to Wills, intestacy and succession - No repugna....