(1) in the case of a janmam estate which had to be regarded as the property of an unpartible toward for the purpose of ascertaining the succession thereto held. by immediately before the appointed day, the following provisions shall apply.
Apportionment in the case of janmam estate held by impartible toward 125-7—4 [1969 : T.N. Act 24
(2) The Tribunal shall determine the aggregate compensation payable to all the following persons, considered as a single group :—
(a) the members of the tarwed (who are hereinafter called “ shares ”);
and
(b) other persons who, immediately before the appointed day, were entitled to maintanance out of the janmam estate and its income under any decree or order of a court, award, or other instrument in writing, or contract or family arrangement which is binding on the janrni (who are hereinafter called “ maintenance holders”);
Provided that no such maintenance-holder shall be entitled to any portion of the aggregate compensation aforesaid if before the appointed day, his claim for maintenance or the claims of his branch of the family for maintenance, has been settled or discharged in full.
(3) The Tribunal shall next determine which creditors if any, are lawfully entitled to have their debts paid from any out of the assets of the janmam estate and the amount to which each of them is so entitled; and only the reminder of the aggregate compensation shall be divisible among the shares and maintenance- holders as hereinafter provided :
(4) The portion of the aggregate compensation aforesaid payable, to the maintenance-holders shall be determined by the Tribunal and notwithstanding any arrangements already made in respect, of maintenance whether by a decree or order of a Court, award or other instrument, in writing or contract or family • arrangement, such portion shall not exceed one-fifth of the reminder .referred to in the second proviso to sub-section (2) of section 37.
(5) (a) The Tribunal shall, in determining the amount of compensation payable to the maintenance- holders and apportioning the same among them, have regard, as far as possible, to the following considerations, namely:—
(i) the compensation payable in respect of the janmam estate;
(ii) the number of persons to he maintained out of that estate;
1969 : T.N. Act 24]
(iii) the nearness of relationship of the person claiming to be maintained ;
(iv) the other sources of income of the claimant; and
(v) the circumstances of the family of the claimant.
(b) for the purpose of securing—
(i) that the amount of compensation payable to the maintenance-holders does not exceed the limit Specified in sub-section (4), and
(ii) that the same is apportioned among them on an equitable basis, the Tribunal shall have power, wherever necessary to reopen any arrangement already made in respect of maintenance whether by a decree or order of a Court, award or other instrument in writing, or contract or family arrangement.
(6) The balance of the aggregate compensation shall be divided among the shares, as if they owned Such balance as a marumkkattayam tarwad and partition thereof had been effected them on the appointed day.
36. After the compensation has been .apportioned among the persons referred to in sub-Section (1). Section 34, or where it is more convenient So to do pending such apportionment, the Tribunal shall take into consideration the applications of the creditors other than those dealt with in sub-Section (3). of section 35, and decide those the amount to which each such creditor is entitled and the person or persons out of whose share or shares of the compensation Such amount should be paid.
Claims of creditors