High Court Kerala High Court

Krishnakumari Thampuran vs The Palace Administration Board on 26 February, 2009

Kerala High Court
Krishnakumari Thampuran vs The Palace Administration Board on 26 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1907 of 2006(A)


1. KRISHNAKUMARI THAMPURAN,
                      ...  Petitioner
2. SABU T.M., S/O.KRISHNAKUMARI THAMPURAN,
3. SALI T.M., S/O.KRISHNAKUMARI THAMPURAN,

                        Vs



1. THE PALACE ADMINISTRATION BOARD,
                       ...       Respondent

                For Petitioner  :SRI.P.CHANDRASEKHAR

                For Respondent  :S.C FOR PALACE ADMN.BOARD

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :26/02/2009

 O R D E R
                  J.B. KOSHY, Ag.C.J. &
                          V.GIRI, J.
          -------------------------
                  W.A.No.1907 of 2006
          -------------------------
       Dated this the 26th day of February, 2009.


                       JUDGMENT

GIRI, J.

An issue arising from a claim for partition

intractably pursued by a member of the erstwhile Cochin

Royal Family in the first instance and thereafter by her two

sons born out of her relationship with a person professing

a different religion, has given rise to this litigation. No

doubt, the issues have become more perplexing due to the

peculiar nature of the property involved, firstly by the fact

that the personal law applicable to the members of the

erstwhile Cochin Royal Family was the Marumakkathayam

Rules of inheritance; secondly on account of the

successive statutory interventions applicable to the system

of Joint Hindu Family in the State as a whole, and

sometimes applicable to the erstwhile Cochin Royal Family.

We will recapitulate the bare essential facts necessary to

understand the issues arising for consideration.

W.A.No.1907 of 2006

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2. The first appellant [now deceased], was a

member of the erstwhile Cochin Royal Family. She married

a Namboodiri and a male child was born in the wedlock.

Later, during the lifetime of her husband and during the

subsistence of the marriage, she entered into a

relationship with a Muslim and begot two children, viz.,

appellants 2 and 3.

3. The claim, which is adjudicated in this appeal

was one which was raised on behalf of appellants 2 and 3,

who are the children of the first appellant, born to a

Muslim. The claim was pursued qua a share in the

properties which belong to the erstwhile Cochin Royal

Family. It may noted, at the outset, that the claim raised

by the first appellant, now deceased, as regards her share

in the erstwhile Joint Hindu Family properties was

entertained and satisfied, though the first appellant earlier

had expressed a dissatisfaction regarding the quantum of

the share allotted to her in this regard. As noted by the

W.A.No.1907 of 2006

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learned single Judge, that claim was not pursued by the 1st

appellant.

4. The statutes applicable to the properties in

question regulating its division and succession are peculiar

and it is necessary to refer to the law in question. Finding

that the members in the erstwhile Cochin Royal Family, are

quite numerous and also finding that the properties

available were not, at the same time, getting enlarged, the

then Ruler of Cochin Sri.Rama Varma promulgated a

proclamation on IX/1124, corresponding to 29th June,

1949 in relation to the administration and management

and conservation of the properties of the Valiamma

Thampuram Kovilakom Estate and Palace Fund. Clause 2

(bb)(c) and 3(1) of the said proclamation are relevant and

are, therefore, extracted hereunder:

“2(bb) ‘family; means the marumakkathayam joint
family consisting of the four main travazhies
of the Ruler, of the former state of Cochin
within the meaning of Clause (22) of Article
266 of the Constitution of India.”

W.A.No.1907 of 2006

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       3(1)    The Estate and the Palace Fund shall vest in
               a  Board    to  be    called "The    Palace

Administration Board” and such Board shall
administer the Estate and the Palace Fund
subject to the provisions of this
Proclamation.”

5. Clause 13 of the proclamation provided that

the Board shall administer the properties and palace fund

as carefully as an ordinary prudent man deals with his

properties or fund. What is to be noted, insofar as the

proclamation is concerned, is the vesting of the Estate and

Palace Fund in the Palace Administration Board and the

power available to the Board under Clause 21 thereof,

extended to acquisition of movable and immovable

properties and leasing out any movable property

belonging to the estate. No other alienation could be

effected by the Board. No other member of the family was

considered to have any other right in relation to the

property.

W.A.No.1907 of 2006

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6. It has to be noticed, at this juncture, that the

Hindu Succession Act, 1956, when it was enacted

specifically provided vide Section 5(iii) thereof that the Act

shall not apply to the Estate and Palace Fund administered

by the Board.

7. The next statutory intervention came in 1961

by virtue of the Valiamma Thampuram Kovilakom Estate

and Palace Fund Act {hereinafter referred to as the “VTK

Act 16/61”}. Section 3 of the said Act enabled the

Maharaja of Cochin to declare the decision to effect a

partition under his supervision and control provided he is

satisfied in that regard in the interest of the family. Under

Section 4(1), each member shall be entitled to an equal

share of the Estate and the Palace Fund and ‘Member’

means a member of the family of the Maharaja of Cochin

{vide Section 2(d) of the Act}. Section 6 of the Act provided

for the execution and registration of the deed of partition

on behalf of all the members by the Maharaja of Cochin

W.A.No.1907 of 2006

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and the members of the Board. Section 7 expressly bars

the power to institute a suit for partition of the estate and

the palace fund. Section 8 of the Act excluded the

personal privileges of the Maharaja from the purview of

the Act. Section 5(3) of the Act which shielded the

Kovilakam Estate and Palace Fund from the provisions of

the Hindu Succession Act was directed to be omitted with

effect from the execution of the partition deed under

Section 6 of the Act. The effect of 1961 Act was,

therefore, to bring about a limited partibility of the

Kovilakam Estate and Palace Fund. The restriction on

partibility was relatable to Section 3 of the Act, which still

made partition dependent on a decision to be taken by the

Maharaja of Cochin in that regard.

8. In chronological order, the next statutory

intervention came about by the Joint Hindu Family System

(Abolition) Act, Act 30/76 {hereinafter referred to as the

“Abolition Act”}. Section 2(1) of the Abolition Act defined a

W.A.No.1907 of 2006

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‘Joint Hindu Family’ as to include a ‘tarwad’ or ‘thavazhy’

governed by the Cochin Marumakkathayam Act. Section 4

(2) of the Abolition Act is relevant in this context and it

reads as follows:

“4(2) All members of a Joint Hindu Family, other
than an undivided Hindu Family referred to in
sub-section(1), holding any Joint Family
property on the day this Act comes into
force,s hall, with effect from that day be
deemed to hold it as tenants-in-common, as
if a partition of such property per capita had
taken place among all the members of the
family living on the day aforesaid, whether
such members were entitled to claim such
partition or not under the law applicable to
them, and as if each one of the members is
holding his or her share separately as full
owner thereof.”

9. The erstwhile Royal Family of Cochin would

be a Joint Hindu Family, falling under Sub-Section (2) of

Section 4 of the Abolition Act and therefore, the

enforcement of the Act would have normally provided for a

per capita division of the family properties amongst the

W.A.No.1907 of 2006

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members of the family. But this statutory intervention was

kept at bay by reason of Section 8 of the Abolition Act,

which reads as follows:

“8. Proclamation IX of 1124 and Act 16 of
1961 to continue in force:–

Notwithstanding anything containing in this Act or in
any other law for the time being in force,
Proclamation (IX of 1124) dated the 29th June, 1949,
promulgated by the Maharaja of Cochin, as amended
by the Valiamma Thampuran Kovilakam Estate and
the Palace Fund (Partition) and the Kerala Joint Hindu
Family System (Abolition) Amendment Act, 1978,
and the Valiamma Thampuran Kovilakam Estate and
the Palace Fund (Partition Act, 1961 (16 of 1961), as
amended by the said Act, shall continue to be in
force and shall apply to the Valiamma Thampuran
Kovilakam Estate and the Palace Fund administered
by the Board of Trustees appointed under Section 3
of the said Proclamation.”

10. The Abolition Act was amended in 1978 by

the amendment Act 15/78. This provided for abolition of

Sections 4 and 5 of the VTK Act, by way of an amendment

of Section 3 to the following effect:

W.A.No.1907 of 2006

:: 9 ::

3. Partition of the Estate and
Palace Fund:- (1) The seniormost
male member of the family shall,
within sixty days from the date of
commencement of the Valiamma
Thampuran Kovilakam Estate and
the Palace Fund (Partition) and the
Kerala Joint Hindu Family System
(Abolition) Amendment Ordinance,
1978, direct the Board to effect
partition of the State and the Palace
Fund among all the members
entitled to a share of the Estate and
Palace Fund under S.4 of the Kerala
Joint Hindu Family System
(Abolition) Act, 1975 (30 of 1976),
and such a direction shall be
published by the Board in the
Gazette.

(2) If the seniormost male member fails
to direct the Board as required by
sub-section (1) the Board shall, on
the expiry of the period specified int
hat sub-section proceed to effect
the partition of the Estate and the
Palace Fund among the members
referred to in sub-section (1), and
the partition so effected shall be

W.A.No.1907 of 2006

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                 valid    notwithstanding anything
                 contained in Section 17 of the
                 Proclamation."

11. Thus, the statutory frame work, as applicable

and available with effect from the enforcement of the

Amendment Act 15/78 could, briefly, be encapsulated as

follows:

12. The properties of the erstwhile Royal Family

of Cochin, which was earlier comprehended by the Cochin

Marumakkathayam Act and wherein the members of the

family had earlier followed the Marumakkathayam system

of inheritance came to be vested in an Estate and Fund.

Each member of the family was entitled to a share in the

property; Civil Court could not direct partition, as the

jurisdiction of the civil court was ousted. The senior most

male member of the family {as distinguished from the

erstwhile Ruler} was obliged, within 60 days from the

commencement of the Amendment Act 15/78, to direct

the Board to effect partition of the estate and the palace

W.A.No.1907 of 2006

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fund among all the members entitled to a share in terms

of Section 4 of the Abolition Act.

13. In this context, it is apposite to refer to the

two judgments of the Supreme Court which cleared the air

of considerable confusion prevailing as to the law of

succession applicable to the members of the family, the

right available to the Board to effect partition, the nature

of the powers to be exercised in that regard by the Board,

whether there was a complete ouster of jurisdiction of the

civil court to entertain claims of partition and most

importantly the date, with reference to which a member of

the family could claim a right to obtain a share in the

properties in question. In Rama Varma v. State of Kerala

{AIR 1979 SC 1918} , the Apex Court was essentially

concerned with the constitutional validity of the provisions

of the Act, 1961, juxtaposed with the provisions of the

Abolition Act. The court upheld the validity of the

provisions of the Act and held that the Board had the right

W.A.No.1907 of 2006

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to effect partition of the properties and the absence of an

appeal against the Orders of the Board is of no

consequence. The court thought it appropriate to

entertain a review preferred by the Board in relation to the

aforementioned decision and it is, therefore, that by the

decision in Palace Administration Board v.

R.V.B.Thampuran {AIR 1980 SC 1187}, the court

proceeded to hold that the definition of “Joint Hindu

Family”, as occurring in Section 4(2) of the Abolition Act, is

wide enough to include the Cochin Royal Family. It was

further held that the rule of per capita division provided

for in the 1976 Act was not contrary to the provisions of

the 1961 Act. The court positively held that the division

among the members of the erstwhile Royal Family is to be

effected according to Section 4(2) of the Abolition Act.

14. Thus, the irrefutable position which came to

prevail on the enforcement of Act 15/78, which is the

latest in the statutory intervention as considered and

W.A.No.1907 of 2006

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espoused by the Supreme Court can be stated thus: That

the properties of the erstwhile Royal Family of Cochin will

have to be treated as properties belonging to the Joint

Hindu Family as contemplated by Section 4(2) of the

Abolition Act, Act 30/76. A member of the family, as

obtaining on the date of enforcement of Act 15/78 is

entitled to a share in the said property, consequent upon a

per capita division, by enforcement of Section 4(2) of the

Abolition Act. The entitlement to a per capita share in the

said property was to be determined with reference to the

enforcement of Act 15/78. The Board, which was to

administer the partition was obliged to act in accordance

with the principles of natural justice and the power

exercised by the Board was considered as quasi judicial in

character.

15. With the above background in mind, we shall

now proceed to consider the specific contentions taken up

by the appellants.

W.A.No.1907 of 2006

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16. As stated above, the first appellant (now

deceased) a member of the erstwhile Royal Family and a

sharer in the properties of the VTK Estate and Palace Fund,

during the subsistence of a valid marriage, contracted a

relationship with a person professing another religion and

begot appellants 2 and 3 on 6.3.1969 and 25.5.1970.

Pursuant to the later decision of the Supreme Court in

Palace Administration Board v. R.V.B.Thampuran {AIR

1980 SC 1187}, the Board finalised its proceedings for

partition of the properties and the first appellant as a

member of the Cochin Royal Family was allotted a share

therein. But, it was only in 1995 that she had proceeded

to question the quantum of the share so allotted to her, as

is evident by Ext.P2 representation and thereafter she had

approached this court in O.P.No.2305/96 which was

dismissed as per Ext.P4 judgment by a learned Judge of

this court. In appeal, as evidenced by Ext.P5 judgment,

the Division Bench permitted the first appellant/petitioner

W.A.No.1907 of 2006

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to pursue Ext.P2 representation before the Palace

Administration Board, which was directed to dispose it of ,

within a time frame. The Board considered the

representation and rejected the same. Though a claim was

raised in this regard in the writ petition, it was expressly

given up before the learned single Judge.

17. The crucial issue, which was considered by

the learned single Judge and which was pursued before us

relates to the claim made on behalf of appellants 2 and 3,

the children born to the 1st appellant, in her relationship

with the father of appellants 2 and 3. As stated above,

Krishnakumari Thampuran, while being married to

Vamadevan Namboodiri, is stated to have contracted a

marriage with a person professing Islam and begot two

children, appellants 2 and 3. The question is whether

appellants 2 and 3 are entitled to a share in the properties

vested in the VTK Estate and Palace Fund, which originally

belonged to the Cochin Royal Family.

W.A.No.1907 of 2006

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18. The Board considered the contention and

rejected the same as per Ext.P7 order on two grounds.

Firstly, if appellants 2 and 3 are the illegitimate children of

Krishnakumari Thampuran, a member of the family, then a

limited right available to the children are those contained

in Section 16(3) of the Hindu Marriage Act. This right, it

was held, could be exercised only qua the individual

property of the parent and cannot be used to pursue a

claim in relation to a Joint Hindu Family property, like that

of the VTK Estate and Palace Fund. Reliance in this regard

was made on the decision of the Supreme Court in

P.E.K.Kalyani Amma & others v. K.Devi and others {AIR

1996 SC 1963}. The learned Judge held that the rights

available to illegitimate children under Section 16(3) of the

Hindu Marriage Act is confined only to the individual

properties of the parents and cannot be extended to

coparcenary property. Essentially, the learned single

Judge, therefore, rejected the claim of appellants 2 and 3,

W.A.No.1907 of 2006

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on the aforementioned basis. The correctness of this view

has been challenged by the appellants.

19. We heard counsel on both sides.

20. Learned counsel for the appellants

contended that the properties in question are not

coparcenary in character and therefore, the view taken by

the learned single Judge on the basis of Kalyani Amma’s

case, in the context of Section 16(2) of the Hindu Marriage

Act is not correct. It is contended that, to an extent, there

is some similarity between coparcenary property and

Marumakkathayam property, inasmuch as that, in both,

succession is by survivorship. But, what is crucial, it is

contended, insofar as Marumakkathayam properties are

concerned, is that succession is traced through the female

line of descent and since there is no dispute that

appellants 2 and 3 are the children of the 1st appellant and

it is not disputed that the first appellant is a member of

the Royal Family, and a member of the tarwad, her

W.A.No.1907 of 2006

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offspring, it is contended, per se, would also be members

of the Marumakkathayam tarwad, to which the properties

in question belong. How far is this contention sustainable?

We have bestowed our anxious consideration on the

different aspects emanating from this. The statutory

framework within which the rights of the members of the

erstwhile Royal Family of Cochin was to be regulated has

been referred to in extenso. The personal law applicable

to the parties has also been referred to. We are of the view

that, though not for the reasons which found favour with

the learned single Judge, the claim pursued by appellants

2 and 3 for a share in the properties currently vested in the

VTK Estate and Palace Fund is clearly unsustainable and

untenable.

21. There are one or two aspects relating to the

applicability of the Hindu Marriage Act and Hindu

Succession Act, that requires a clarification straight away.

Hindu Marriage Act of 1955 is an Act to amend and codify

W.A.No.1907 of 2006

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the law relating to marriage among Hindus. What is

crucial, insofar as the present case is concerned, is Section

2(1) of the Act, which is extracted hereunder:

“2(1) This Act applies —

(a) to any person who is a Hindu by religion
in any of its forms or developments,
including a Virashaiva, a Lingayat or a
follower of the Brahmo, Prarthana or Arya
Samaj,

(b) to any person who is a Buddhist, Jaina or
Sikh by religion, and

(c) to any other person domiciled in the
territories to which this Act extends who
is not a Muslim, Christian, Parsi or Jew by
religion, unless it is proved that any such
person would not have been governed by
the Hindu law or by any custom or usage
as part of that law in respect of any of
the matters dealt with herein if this Act
had not been passed.”

22. The explanation is expansive to the extent it

comprehends Buddhists, Sikhs and Jains. What is

mentioned in Sub-clause (a) and (b) thereof, is thus any

child, legitimate or illegitimate, both of whose parents are

W.A.No.1907 of 2006

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Hindus, would be a Hindu. Admittedly, only one among

the parents of appellants 2 and 3 is a Hindu. The father of

appellants 2 and 3 is admittedly a Muslim and obviously,

by reason of Section 2(1)(c), the Act is not applicable to a

Muslim, Christian or a Parsi or a Jew by religion. Secondly,

as per Clause (b) coming under the explanation, any child

even illegitimate, one of whose parents is a Hindu by

religion, could also be a Hindu, provided he has been

brought up a member of the tribe, community, group or

family to which such parent, viz., the parent who is a

Hindu belongs or belonged. Is it the case of appellants 2

and 3, that though there was no valid marriage between

first appellant and their father and therefore, they could be

considered as illegitimate in that sense, nevertheless they

are entitled to be treated as Hindus because their mother

is a Hindu and they were brought up as members of the

tribe, community, group or family to which their mother

belonged? Significantly, at no point of time did appellants

W.A.No.1907 of 2006

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2 and 3 put forward a case that they are Hindus by birth,

or that they profess the Hindu Religion or that they are

eligible or liable to be treated as Hindus by reason of the

fact that their mother is a Hindu, though their father is a

non-Hindu and that they were brought up as a member of

the community or group to which their mother belonged.

The original petition does not contain such an averment.

The claim before the Board also did not contain such a

claim. In fact, the case put forward by appellants 2 and 3

is to the effect that on the marriage between the mother,

the 1st appellant and their father, they have all been living

separately, in rented premises. They have no house of

their own and at the time of filing the writ petition, they

have been living with their wives and children. There were

no suggestions put forward, at any point of time, that

appellants 2 and 3 were brought up as members of the

community or group to which their mother belonged. It is

only appropriate to proceed on the premise that appellants

W.A.No.1907 of 2006

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2 and 3 did not, any point of time, claim that they are

Hindus.

23. In such circumstances, it is only

consequential to hold that the provisions of the Hindu

Marriage Act do not apply to appellants 2 and 3. Section

16 of the Act also, therefore, will not confer any right in

favour of appellants 2 and 3.

24. We are also of the view that the legitimacy of

children out of void and voidable marriage, as contained in

Section 16 of the Act is essentially in the context of Section

11 of the Act, which provides for null and void marriages.

Section 16(3) is, of course, an exception to Section 16(1) of

the Act. But the application of Section 16(1) itself would

be restricted to children born out of a marriage which are

only void in the context of Section 11 of the Act. Since the

nullity of a marriage is provided in Sections 5 of the Act, it

is clear that Section 11 would have application only in the

case of a marriage which may be solemnised between two

W.A.No.1907 of 2006

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Hindus, subject to the conditions mentioned therein viz.,

neither parties, at the time of marriage have another living

spouse, that the bridegroom has completed the age of 21

and the bride has completed the age of 18 and that the

parties are not within prohibited distance. What is

contemplated by Section 16 of the Act is a marriage, which

is null and void by reason of the contravention of the

provisions of Sections 5(i)(iii) and (iv). Neither Section 5

nor Section 11 nor Section 16 would have application to

the present case for the reason that the alleged marriage

between the 1st appellant and the father of appellants 2

and 3 is not a marriage between two ‘Hindus’. Section 5 of

the Hindu Marriage Act cannot have any application

whatsoever to the alleged marriage between the first

appellant and a Non-Hindu. It follows that neither Section

11 nor Section 16 of the Act can have any application

whatsoever. In other words, the limited rights, otherwise

made available to the illegitimate children under Section

W.A.No.1907 of 2006

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16(1) of the Act would not enure in favour of appellants 2

and 3. For the same reason, Section 16(3) of the Act

would also have no application to the case of appellants 2

and 3.

25. Similar is the situation obtaining qua the

provisions of the Hindu Succession Act. The clause

relating to the applicability of Hindu Succession Act is

similarly worded as that in the Hindu Marriage Act. The

said provisions would also, therefore, not comprehend

appellants 2 and 3.

26. Does it, in any manner, bring about any

improvement in the case of appellants 2 and 3? We are

afraid, not.

27. As stated above, appellants 2 and 3 are not

Hindus and therefore, cannot claim to be members of the

Marumakkathayam Joint Family, consisting of the four

main thavazhies of the Ruler of the former State of Cochin,

answering to the definition of ‘family’ in Clause 2(bb) of

W.A.No.1907 of 2006

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Proclamation 9/1124. It is only reasonable to infer that the

personal law applicable to the members of the

Marumakkathayam Joint Family comprising of the four

main thavazhies in Cochin Royal Family was the ‘Cochin

Marumakkathayam Act, Act 33/1113 (Malayalam Era). The

said Act was brought into force to reform, regulate and

amend the law of marriage, inheritance, succession, family

management, partition and adoption of communities

following Marumakkathayam. ‘Tarwad’ is defined as to

include ‘a group of persons forming joint family with

community of property governed by the

Marumakkathayam law of inheritance’. It is true that

inheritance is traced in the female line. But, what will have

to be stressed is that the line of descent, as contemplated

by the Act, will have to flow through a legitimate line.

What is equally irrefutable is that the said law was intended

to encompass and govern members of a Joint family. The

divisions of the property which came to be vested in the

W.A.No.1907 of 2006

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VTK Estate and Palace Fund is to be effected under Section

4(2) of the Abolition Act, as enjoined by Act 15/78 and

directed to be implemented by the Supreme Court in {AIR

1980 SC 1187}. The legislative intendment discernible from

the proclamation, 1961 Act. The Abolition Act, Act 30/76

followed by the Amendment Act 15/78 is therefore, clear.

It is intended to govern the members of Joint Hindu family

and it would, therefore, be wholly illogical to assume that

the legislature, by reason of the aforementioned statutory

intervention expressly referring to a Joint Hindu Family

intended to confer a benefit on a person, who does not

profess the Hindu Religion, who is not born a Hindu and

who was not brought up as a Hindu and to whom none of

the other statutes expressly comprehending persons

professing Hindu Religion (like the Hindu Marriage Act and

Hindu Succession Act) apply. It, therefore, follows that the

right to claim succession in the female line of descent,

characteristic of Marumakkathayam property is intended to

W.A.No.1907 of 2006

:: 27 ::

confer a benefit only on such persons, who otherwise can

claim to have been born in such Marumakkathayam family,

which is also a Joint Hindu Family with a peculiar line of

succession. The requirement which, therefore, cannot

admit of any dilution to be encompassed by a law

applicable to such Joint Hindu Family, as contemplated by

Section 4(2) of the Act is that the person concerned must

be born into the said Joint Hindu Family. In other words,

he must be born a Hindu and therefore, by birth the

personal law applicable to Hindus should also, ipso facto,

be applicable to him or her, as the case may be.

28. As stated above, it is not the case of

appellants 2 and 3 that they were born Hindus or that they

are otherwise Hindus by reason of having satisfied the

parameters mentioned in Clause 2(a) of the Hindu

Marriage Act.

29. In these circumstances, we have no

hesitation in coming to the conclusion that appellants 2

W.A.No.1907 of 2006

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and 3 have no right to claim any share in the property

vested in the VTK Estate and Palace Fund, the

administration of which is effected by the respondent and

governed by the provisions of 1961 Act, as amended by

Act 15/78.

We find no merit in this appeal. Accordingly, the

same is dismissed. There will be no order as to costs.

Sd/-

(J.B. KOSHY)
ACTING CHIEF JUSTICE

Sd/-

(V.GIRI)
JUDGE

sk/

//true copy//

P.S. to Judge