AIR 1991 KERALA 86 ::1991 (1)HinduLR295 ::(1991) 1 CurCC 181 ::(1990) 2 Ker LT 183 ::(1990) 2 Ker LJ 908

Kerala High Court

Hon'ble Judge(s): S. Padmanabhan , J

Kerala Joint Hindu Family System (Abolition) Act (30 of 1976) , S.7, S.8, S.10, S.17— Marumakkathayam Law - Tharavad or thavazhi property - Partition - Absolute right of female in share allotted to her is destroyed as soon as a child is born - Subsequently it becomes the thavazhi property of mother and child. The property obtained by a Marumakkathayam female towards her share under an outright partition in the tharavad or thavazhi will be her absolute property just like that of a male. So long as she remains single, she can alienate it just like a male and no one could question. But the property retains the character of tharavad or thavazhi property and becomes the property of the thavazhi on the birth of a child to her so as to destroy her absolute powers of disposal in respect of it. The reason why birth right is recognised is that those who are in the womb and yet unbegotten require the means of support. Right to individual partition is not incompatible with that right. Absolute right of a single member or the last surviving member is only because of the non-existence of anybody else. That right ceases by birth or adoption. Property has often been the vehicle of dormant rights and liabilities. There is nothing incongruous in saying that the property that a female obtained in tharavad partition becomes her thavazhi property on her becoming a mother. Two th....