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in Property Law Family Law
Asked August 25, 2017

Distribution of property under Marumakkathayam law

  • 1 Answer

After after the demise of my brother in law his property both movable and immovable went to his wife who expired recently intestate.They do not have children.Who will be the legal heirs of the property.we are a Hindu family from Kerala can my bother in law's wife's family claim rights to the property under the marumakkathayam law.My sister in law was born in 1948. Died in 2017

Answer 1

The property which was owned by your sister after her husband's death becomes her self acquired proerty as it came to her as a heir of her husband's property or maybe through a will. This makes it a self - acquired property of your sister. There is no provision regarding self-acquired property. The  Marumakkathayam law is applicable only in case of ancestral property where the ownership lies with multiple individulas in the family governed by the matriarchal system. Just because the property was transferred to the wife, we cannot assume that it becomes an ancestral property (Smt. Seetha And Ors. vs Kayiyath Krishnan And Ors, AIR 1975 Ker 70) While under the Kerala Joint Family System (Abolition) Act such a right over coparcenary propoerty has also been abolished. 

In this situation, reliance must be placed on Section 15 (2) of the Hundu Succession Act under which if the property is given by the husband or father-in-law then it will go to the heirs of the husband if the woman dies without children. 

Agree Comment 0 Agrees over 3 years ago

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