Bare ActsMadras Aliyasantana Act, 1949

Section 35

Right of kavaru to claim partition

Amendment status not verified — confirm the current text below against the official source.

(1) Any kavaru represented by the majority of its major members may claim to take its share of all the properties of the kutumba over which the kutumba has power of disposal and separate from the kutumba: Provided that: - (i) where a kavaru is consists of only two persons, such a claim may be made by either of them: (ii) no kavaru shall make such a claim during the life time of any ancestress common to such kavaru and to any other kavaru or kavarus of the kutumba, who has not completed fifty years of age, unless- (a) she has signified her consent in writing, or (b) two-thirds of the major members of the kavaru join in making the claim for partition; (iii) the common ancestress may on her own volition claim a partition. (2) the share obtained by the kavaru shall be taken with all the incidents of kutumba property. Explanation:- For the purposes of this Chapter:- (a) a male member of a kutumba, or a female member thereof who has no female descendant in the female line, shall be deemed to be a kavaru if he or she has no living female ascendant who is a member of the kutumba; (b) such male member, or such female member if she has completed the age of fifty years, shall be deemed to be nissanthathi kavaru.

Section 35 – Madras Aliyasantana Act, 1949 | DailyLaw.ai