SC1771 (13)
ACT:
Marumakkathayam Law-Enactment for removal of doubts-.
Constitutional validity -Madras Marumakkathayam (Removal of
Doubts) Act, 1955 (32 of 1955) -Constitution of India ... wife, daughters and soil challenged the constitutional
validity of the Madras Marumakkathayam (Removal of Doubts)
Act, 1955 passed by the Madras Legislature soon after
BACHAWAT, R.S.
CITATION:
1966 AIR 411 1966 SCR (1) 454
ACT:
Marumakkathayam Law Property whether belongs to manager
individually or to tarwad or tavazhi ... property. The High Court, however, taking
into account the relevant presumptions under Marumakkathayam
law by which the parties were governed held that the said
property
uestioned in the reference merely decides hat among the followers of the Marumakkathayam Law, when a gift is made by the father to the mother ... which property is customarily held and enjoyed among followers of the Marumakkathayam Law. The decision proceeded on the authority of two decisions of their Lordships
respect of the rights of inheritance to females governed by the Marumakkathayam law in Kerala. The question is whether Section 17 of the Hindu Succession ... considerable importance affecting all those who had been governed by the Marumakkathayam law, we requested other senior members of the Bar to address
Travancore Royal Family. This family according to the appellant was an undivided marumakkathayam tarwad governed by Marumakkathayam Law as modified by custom and usage ... family it was denied that they were members of an undivided marumakkathayam tarwad and that respondent No. 1 was the karnavan thereof. His case
karnavan of a Moplah Marumakkathayam tarwad and the petitioner in O. P. 684 of 1959 was the karnavan of a Namboodiri Illom, and they seek ... assessment under Section 3 , non-Hindu undivided families, such as Moplah Marumakkathayam tarwads in North Malabar and elsewhere and Christian joint families following the Hindu
incidents of tarwad property -- of. Section 38(2) of the Madras Marumakkathayam Act, 1932 before amendment by (Kerala) Act 26 of 1958 --and the expression ... separate property" within the meaning of Chapter IV of the Madras Marumakkathayam Act and of Chapters IV and V of the Travancore Nayar
schedule A to the plaint. Abdulla Kalpha was a member of a Marumakkathayam tarwad. On 30th October, 1918, the members of the tarwad executed ... customs and usages relating to Moplah Muslims, who were governed by the Marumakkathayam Law. Undoubtedly, the impugned Act does not purport to repeal any statutes
petitioners in the two other petitions. The
parties were governed by the Marumakkathayam Law and in 1955
the Madras Legislature, purporting to remove certain
misapprehensions ... deemed to be and shall be deemed always to have
been a Marumakkathayam tarwad and the properties
appertaining to such a sthanam shall be deemed
tribal custom-Whether family custom can be
proved.
Kanikkars-Whether governed by Marumakkathayam law or Makka-
thayees.
HEADNOTE:
The appellant ... basis that his brother
belonged tothe Kanikkar tribe governed by the customary
Marumakkathayam law. The appellant contended that his
father was a Makkathayee. The appellantalso
