AIR 1976 KERALA 129

Kerala High Court

Hon'ble Judge(s): Janaki Amma , J

(A) Marumakkathayam Law - Namboodiri - Partition - Illom property - Right to partition - Undivided share in Illom - Undivided interest in Illom property - Undivided interest in illom property cannot be alienated. Malayala Brahmins Act (3 of 1106) , S.2(1)— It is true that a Namboodiri family is akin to Mithakshara family on several aspects, but they are not governed wholly by the Mithakshara law, but by Hindu Law as modified by custom. The customary law relating to partition among the Namboodiries is different from that of Mithakashara law and in line with the rule of Marumakkathayam law. Prior to coming into force of Nambudiri Act, Nambudiries of Travancore area were governed by the Malayala Brahmins Act, 1106. It is clear from S.2 (1) of that Act, that the Nambudiries were not exercising the right to individual partition before coming into force of the statutes relating to the matter. It follows, therefore, that as regards right to enforce partition, Nambudiries are governed by same law as is applicable in case of communities following the Marumakkathayam law.(Para 6) In the instant case it is not made out there was any demand for partition prior to execution of sale deed and specification deed and as such what is transferred under those documents is undivided interest in Illom property. Therefore such interest could neither ....