Section 35 in Gudalur Janmam Estates (Abolition and Conversion Into Ryotwari) Act, 1969
35. Apportionment in the case of janmam estate held by impartible tarwad.
(1)In the case of a janmam estate which had to be regarded as the property of an impartible tarwad, for the purpose of ascertaining the succession thereto immediately before the appointed day, the following provisions shall apply.(2)The Tribunal shall determine the aggregate compensation payable to all the following persons, considered as a single group:-(a)the members of the tarwad (who are hereinafter called "sharers"); and(b)other persons who, immediately before the appointed day, were entitled to maintenance out of the janmam estate and its income under any decree or order of a Court, award, or other instrument in writing, or contract or family arrangement, which is binding on the janmi (who are hereinafter called "maintenance-holders"):Provided that no such maintenance-holder shall be entitled to any portion of the aggregate compensation aforesaid if before the appointed day, his claim for maintenance, or the claim of his branch of the family for maintenance, has been settled or discharged in full.(3)The Tribunal shall next determine which creditors, if any, are lawfully entitled to have their debts paid from and out of the assets of the janmam estate and the amount to which each of them is so entitled; and only the remainder of the aggregate compensation shall be divisible among the sharers and maintenance-holders as hereinafter provided.(4)The portion of the aggregate compensation aforesaid payable to the maintenance-holders shall be determined by the Tribunal and notwithstanding any arrangements already made in respect of maintenance whether by a decree or order of a Court, award or other instrument in writing or contract or family arrangement, such portion shall not exceed one-fifth of the remainder referred to in sub-section (3); except in the case referred to in the second proviso to subsection (2) of section 37.(5)(a)The Tribunal shall, in determining the amount of compensation payable to the maintenance-holders and apportioning the same among them, have regard, as far as possible, to the following considerations, namely:-(i)the compensation payable in respect of the janmam estate;(ii)the number of persons to be maintained out of that estate;(iii)the nearness of relationship of the person claiming to be maintained;(iv)the other sources of income of the claimant; and(v)the circumstances of the family of the claimant.(b)For the purpose of securing-(i)that the amount of compensation payable to the maintenance-holders does not exceed the limit specified in sub-section (4), and(ii)that the same is apportioned among them on an equitable basis,the Tribunal shall have power, wherever necessary to reopen any arrangement already made in respect of maintenance whether by a decree or order of a Court, award or other instrument in writing, or contract or family arrangement.(6)The balance of the aggregate compensation shall be divided among the sharers, as if they owned such balance as a marumakkattayam tarward and a partition thereof had been effected among them on the appointed day.
