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State of Tamilnadu - Section

Section 35 in Tamil Nadu Aliyasantana Act, 1949

35. Right of kavaru to claim partition.

(1)Any kavaru represented by the majority of its major members may claim to take its share of all the properties of the kutumba over which the kutumba has power of disposal and separate from the kutumba:Provided that -
(i)where a kavaru consists of only two persons, such a claim may be made by either of them;
(ii)no kavaru shall make such a claim during the lifetime of any ancestress common to such kavaru and to any other kavaru or kavarus of the kutumba, who has not completed fifty years of age unless -
(a)she has signified her consent in writing, or
(b)two-thirds of the major members of the kavaru join in making the claim for partition;
(iii)the common ancestress may on her own volition claim a partition.
(2)The share obtained by the kavaru shall be taken by it with all the incidents of kutumba property.Explanation. - For the purposes of this Chapter-
(a)a male member of a kutumba or a female member thereof who has no living descendant in the female line, shall be deemed to be a kavaru if he or she has no living female ascendant who is a member of the kutumba;
(b)such male member, or such female member if she has completed the age of fifty years, shall be deemed to be a nissanthathi kavaru.