Search Results Page

Search Results

1 - 2 of 2 (0.19 seconds)
Documents citing Changat Chathu Nambiar vs Changatodayoth Kunhiraman Nambiar on 4 August, 1931

C.T. Radhakrishnan vs C.T. Viswanathan Nair And Anr on 16 January, 2006

Admittedly, at the relevant time, there were only six members in the thavazhi, Viswanathan Nair the sole representative of his mother Ammini Amma and Kunhimalu Amma and her four children and all of them are parties to the transaction. The document recites that the property was obtained by Cheriyammu Amma and on her death it devolved on her thavazhi which consisted of her children, including the two daughters Ammini Amma and Kunhimalu Amma through whom, the parties to the present litigation claim. The document recites that the value of the undivided shares of Kunhimalu Amma and her four children who were in joint possession with Viswanathan Nair, the son of Ammini Amma was fixed at Rs. 2,500/- at the instance of mediators and Kunhimalu Amma and her children had decided to release their rights for that consideration in favour of Viswanathan Nair and they were doing so under the transaction, on receipt of the consideration which was received for incurring the educational expenses of the minor sons of Kunhimalu Amma. The document also recites that from the date of that transaction, Viswanathan Nair in whose favour the release is executed, was to enjoy the property as his own with the right to alienate the same according to his volition. As noticed, there were only six members in the thavazhi at the relevant time. The property belonged to the thavazhi. Five of the members of the thavazhi or the group consisting of Kunhimalu Amma and her children together released their rights in the property in favour of the only other member of the thavazhi, the son of the sister of Kunhimalu Amma. Such a release in favour of the thavazhi or of all the other members of the thavazhi by some of the members of the thavazhi or in favour of the sole other member of the thavazhi is recognized as valid in Marumakkathayam Law. [See for instance, Achuthan Nambiar Vs. Kunhiraman Nambiar & Others (1962) 1 K.L.R. 340, Sankaranarayanan Nair Vs. Achuthan Nair, 1982 K.L.J. 61]. In fact, Shri A.S. Nambiar, learned Senior Counsel did not argue otherwise. His contention was only that the transaction here amounted to an assignment of undivided shares and consequently void in law. On a true interpretation of the document Exhibit-B-9, we are not in a position to agree with the submission of Mr. Nambiar, learned Senior Counsel that the transaction must be understood as an assignment of the undivided shares of the members of a marumakkathayam thavazhi. It can only be understood as a release of the rights by all the other members of the thavazhi in favour of the only other member of the thavazhi. The transaction Exhibit-B-9 is therefore not void in law.
Supreme Court of India Cites 5 - Cited by 0 - P K Balasubramanyan - Full Document
1