T. Madhava Kurup vs T.C. Madhava Kurup (D) By Lrs. & Ors on 5 April, 2006
5. Now, the position has conclusively been settled by the Apex Court
in the decision in Madhava Kurup v. Madhava Kurup {2006 (2) KLT
382 (SC)}. It was held that "if the descent is traceable only through
females, in the absence of a female member, the Tavazhi must come to an
end with no chance of there being a female member to continue the line.
The rule of survivorship in such circumstances ceases to operate and the
surviving male members, in the absence of a Tavazhi, must inherit the
property as tenants in common, and share it equally." In the light of the
above binding judgment, we find that the finding rendered by the court
below on that aspect has to be sustained.