Section 36(2) in Tamil Nadu Aliyasantana Act, 1949
(2)(a)If, on the date on which a partition is claimed, any of the members of the kutumba who are nearest in degree to their common ancestress is removed four degrees or more from such ancestress, then, the division shall be effected in the following manner:-(i)In three-fourths of the kutumba properties, the kavaru shall be allotted such share as would fall to it, if a division thereof were made per capita among all the members of the kutumba then living.(ii)In the other one-fourth of the kutumba properties, the kavaru shall be allotted such share as would fall to it, if a division thereof were made among the kavarus per stirpes.(b)In other cases, the division shall be effected in the following manner:-(i)In one-half of the kutumba properties, kavaru shall be allotted such share as would fall to it if a division thereof were made per capita among all the members of the kutumba then living.(ii)In the other half of the kutumba properties, the kavaru shall be allotted such share as would fall to it, if a division thereof were made per stirpes among the kavarus.(c)In a stirpital division under clause (a)(ii) or (b)(ii), the common ancestress if alive shall be entitled to the same share as child of hers.(d)Where the kavaru seeking a partition is not a main kavaru of the kutumba, the share of the main kavaru shall first be ascertained in accordance with the provisions of the foregoing clauses, and the share so ascertained shall thereafter be divided and sub-divided according to the provisions of clause (b) until the kavaru seeking partition is reached.(e)The provisions of clauses (a) to (d) shall apply only to partitions claimed before the expiry of a period of fifteen years from the commencement of this Act.(f)In a partition of a kutumba claimed after the expiry of the period aforesaid, a kavaru shall be allotted such share as would fall to it if a division of the kutumba properties were made per stirpes among all the kavarus.(g)In a partition under clause (f), where the kavaru seeking partition is not a main kavaru of the kutumba, the share of the main kavaru shall first be ascertained in accordance with that clause and the share so ascertained shall, thereafter, be divided and sub-divided in the same manner until the kavaru seeking partition is reached.(h)The share of a kavaru at a partition shall be ascertained as on the date on which it makes a claim for partition.Explanation. - For the purposes of this sub-section, the date on which a partition is claimed shall be-(a)where the claim is made by a suit for partition, the date of the institution of the suit (whether the suit is prosecuted or not); and(b)where the claim is made otherwise than by a suit, the date on> which such claim is made.
