(1)Any kavaru entitled to partition under section 35 shall be allotted a share of the kutumba properties in accordance with the provisions of sub-section (2).(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.(3)If, at the time of the partition, any kavaru taking a share is a nissanthathi kavaru, it shall have only a life interest in the properties allotted to it, if the kutumba from which it separates has at least one female member who has not completed the age of fifty years, or where the kutumba breaks up into a number of kavarus at the partition, if at least one of such kavarus is a santhathi kavaru and if there is no such female member of santhathi kavaru, the kavaru shall have an absolute interest in the properties allotted to it.(4)In the case referred to in sub-section (3), the life interest of the) nissanthathi kavaru in the properties allotted to it at the partition shall become absolute, if the kutumba concerned ceases to have among its members a female who has not completed the age of fifty years or if all the kavarus into which the kutumba broke up, whether at the same or at a subsequent partition, become nissanthathi kavarus.(5)The properties allotted to a nissanthathi kavaru at a partition and in which it had only a life interest at the time of the death of the last of its members, shall devolve upon the kutumba, or where the kutumba has broken up, at the same or at a subsequent partition, into a number of kavarus, upon the nearest santhathi kavaru or kavarus.(6)A registered family settlement (by whatever name called) or an award, to which all the major members of a kutumba are parties and under which the whole of the kutumba properties have been or were intended to be distributed, or purport to have been distributed, among all the kavarus of the kutumba for their separate and absolute enjoyment in perpetuity, shall be deemed to be a partition of the kutumba properties notwithstanding any terms to the contrary in such settlement or award.
