Amendment status not verified — confirm the current text below against the official source.
(1) Any kavdru entitled to p:irtition under section 35 O* shares at shall bs allotted a share of the kutumb* properties in ac-. Partition. cordance with the previsions of sub-section (2). (2) (a) If, on the date on which a partition is claimed, any of the m~mbcrs of the kutumba who are nearest in degree to their common ~.nccstress i s rcmowd four degrcas I or more from such c?:-rc~strcss, t2lc.11, the division shall be effected in the follow~ng in!>.nner :- (i) In three-fourths of the kutumba properties, the kavaru shall be such share as would fall to it, if a division -thereof were made per capita smong all the members of the kutumba then living. (ii) In the other one-fourth of the kutumba pro- perties, the kawru shall be allotted such share as would fall to it, if a division thereof were made Pmong the kavarus per ~titpes. (b) 11. :?her cpses, the division shall be cffeateci in thefo~~uwlng manner :- (i) In on~-half' ef the kutumbe prcpcrties, kava.ru shall be allotted such share as would f ~ l l to it if a division thercd wire mxtc per capita among all the mem. ber$ of the kutumba theen livi~g. .' , (ij) the other half of the. kutuhba properties, u shall be allotted such shgrc as would fill to it, if nthereof were madeperstirpes F' among the kavarus. -- (e) The provisions of clauses (a) to (d) shall apply par titions claimed before the expiry of a period -of - t years from the commencement of .Chis Act. .d eafter be divided and subtivided in the same mcnner r, 1 the ka varu seeking par tition is reached. - Bxplanation.-For the purposes of this sub-section, the date ou which 8 partition is claimed shall be- (a) wl~ere the claim is made by a suit for partition, the date of the institution of the suit (whether the sr:: is prosecuted or not) and (b) vprhere the claim is madeotterwise than by s suit, the date bn which such claim is made. (3) ~ f , a t the tims of the partition, any kavuu taking a share is a nissanthathi kavaru, it shall have only a life interest in the properties allotted to it,if the kutumba from which it separates has atleast one female member who has 22 Allyarantana [I949 : $.PI. Act IX not completed theageoffifty years, or where the ktumba breaks up into a aumber of kavarus at the partition, if at least one of suchkavarus~s a santhathi hvaru and ifthere I is no such female member or santhathi kavaru, the hvaru shall have an absolute interebt in the properties allotted (4) In the case referred to io sub-section (3, the life interest of the nissanthathi kavaru in the properties alott toit atthe partitionshallbecomeabsolute,ifthe h~tu - concerned ceases to have among its members a female hasnot completed the age of fifty years or if all the kavaru into which the klutumba brol up, whether at the ,'or at a subsequent partition, become nissanthathi k (5) The PI opertiesallotted to a nissanthathi on arLd in whichit had only a life interest at Zhe , deathofthelast ofits members, shall devolve 'kutumba, or where the hutumba has broken up me or at a subsequentpartition,into a number 0 ,upon the nearest santhathi havaru or kaverus. A registered family settlembnt (by what0 r anawaid,to whichallthe major mambers 0 are parties and under which the properties ha ve been or were intended t ed, or purport to have been distributed, am0 s of the htumba for their separate inperpetuity, shall be deemed to be apextition umba properties not withstanding any terms to ary in such settlement or award. ication of