(1) Subject to tllc provisions of sub-section (21, the following persons it1 the order named shall be the legal guardian of a rnluor, male or female, in respect ot h ~ s or her person and separate property, ~i~irnely, father, mother, full brothers in the order of seniority, paternal grand fat he^, p~lternal uncles in the ordcr of seniority, father's mother and cc~nsangujne brothers in the ordcr of' seniority.
(2) The husband shall be the legal guardian of his minor \\.ifc jn resprct of her person and separate property. - ----..
Section6 I 1 and 12 werc repealed by section 8 of the Madras Hiadu (Bigamy Prevention and Dlvorce) Act, 1949 (Madras Act V I of 1949).
'The Hindu Minority and Guardianship Act, 1956 (Centml Act 32 of 19%) has by virtue of swtion 5 (b) thereof an overr~ding effect Q ~ W #ny other law in force immediately befoie the cornmenwent of that Act m 80 fafar as that law is inconsistent with any of the pro, vbiom contained m that Act.
I -*r 1933:.ZN*.bct .X~r ; ( 8 1 1 h'ambudri,:,,$t, Central to affect! the Act-11 ,Act, 1890~ . ;
Of 1890. I ',, q t , , ' or l , f , , 'CHAPTER V. I I /! j 1 8 ' I , I f l l ' 1 2 1 1 INTESTATE SUCCES'~~ON. ' f , ' ' 1 , , 0
16. A person i5 deemed'to die intestate in respect of ~~~~~~{ p ' ail property of which he has not made a testamentary person is dlsposit ion which is capable of taking effect. codsidered , i , $ 1 I , : to have died Illtrstrations.
(i) A has left no will. ~ e ' has died intestate in I respect of the whole of his property. , ( i t J A has left a will whereby he has appointed 8 his executor but the will contains no other provisions.
A has died intestate in respect of the distributidri of his property. , ! I 1 I 0 I / 1 ) )
(iii) A has bequeathed his whole property for an . , . , .
illegal purpose. A has died intestate in tespcct of the distribution of his property. , , , , , , , , 1 , , , , olution - roper t y by ~budri : intesre'the itate eft w, lren or I 8 of but ion ;e s g under 111 18.
t - -<- - Z'Z' , 366 Nam budri . 11933 : T.N- Act XXf
17. On the death intestate of a Nambudri male, his property which is self-acquired or separate shall, subject to the provisions of section 30of the '[Tamil 1frauil Nadu] Marumakkattayam Act, 1932, devolve in the Nadu order and according to the rules contained in sections gnaI 18, 19 and 20.
18. Where the intestate has left surviving him by a marriage or marriages in his o\m community one or more of the following relations, namely :-
(0) a widow or widows,
(6) a son or scns,
(c) an upmarried daughter or unnlanied da~rghters, and ( t i ) a 1ine:il descendant or desceridants (other than mariled females) in the male line rhroush a dcceabcd son or sons, the whole of the property shall belong ro such surviving relaiion or relations.
19. The distrrbution of the property smong the heirs referred t o in section 18 shall he made in accordance with the following rules :-
(i) The widow or, if there is nlore than one widow, each 01' t h u widows, shall be entitled to a share equal to t h2t of a son or unmarried daughter.
(ii) Every son or unmarried daughtcr shall be elltitled to an equal share :
provided that if a son has pre-deceased the intestate his lineal descendants in the male line (other than married females) shall be entitled to the share wlliclz such son would have taken had he survived .
the intestate.
1 Time words weresubstituted for tho word "Madras" by theTamil .* Nadu Adaptation of Laws Order. 1969, as amended by the T ~ u ri Nadu Adaptation of Laws (Second Amclldmeat) Orbar, 1%9,,., ,1 . * . - -1 t I - .
1933: T.N. Act XXI] ~mn&dd
Provided that if a son's son haspre-deceased the intestate, his lineal descendants in the male line (other than married females) shall be entitled to the share which such son's son would have taken had he survived the intestate.
(iv) In like manner, the property shall go to the surviving lineal descendants of the intestate in the male iine (other than married females) where such descendants are in the degree of great-grandchildren or ill a more remote degree.
Esp1anation.-The descendants of a .on, \on^s son or other male descendant in the male line shall not be entitled to any sharein suck property, if such son, son's so11 or other descendant is alive at the time of the death of the intestate.
I/I~istrc~tio~ts.
(1) Z dies intestate leaving two widows A and B, a so11 C, a grandqon D 11y such son, a married diughter E, an unrn~rrkd daughter F and by a dcceascd son, a grandson 0, a married granddaughter If and an unmarried granddaughter J . A, B, C ant1 F each gels one-fifth of the property, Q and J one-tenth each and D, E and H do not get any share.
(2) Z dies intestate leaving no widow but leaving '4 a son, B an unm~rried daughter, E a grandson and F a n unmarried granddaughter by a deceased son C, an unmarried granddaughter O by a deceased son D and two great grandsons H and J by a deceased son of D. A and B will each be entitled to one-fourth of the property, E and F will each be entitled to oneeighth, Q will be entitled to one-eighth and tl ant! J to one-sixteenth each.
I flamb~f?! 5 ,,,tm i (TP-, , P e t R 1 : ~ 1 onesixthand D and E will each be entitled to one-fourth of 2's brbperty1, , , ( ' , ' I ion 20. (1) Where the illtestate has not left surviving ~ t y him any of the heirs mentioned in section 18, the la property shall devolve on the relations and in the order I specified below :- 1 d n
(1) Father ;
ed (2) Mother ;
n (3) Brothers and sisters ;
(4) Sons and unmarried ciarighters of brothers :
(5) Father's father ;
(6) P-aternal uncles ;
(7) Sons of paternal uncles ;
(8) Sisters' children ;
(9) Father's paternal grandfather ;
(10) Father's paternal grandfather's descendants in the male line, the nearer excluding the more remote ; and (1 1) Father's remoter ascendants in the male line and their descendants, tbe nearer ascendant and his descendants excluding the more remote ascendatit and his descendants and'among the descendants of the same asdpdadt, the nearer exclt~din the more remote. 7 I (2) 'koperty devolving on two or more heirs under sub-section (1) shall be divisible among then1 equally.
I . . , , , I 4 t t ? ' , I , .
m 21. (1),0n the daatb idfesrade bf a married Nambudri femle, her property, ,which is solf-acquired or q j a ~ q t c ishall dkvolva on thelrqlatipns an4, in o r & ~ t l s p & i W , b l ~ ~ , : - ~ ~ , ,, \ \ ,, I , * $ I ~Ir~(ll)l&n~~atzddaugbte&~!,~~ 1 1 ' ,- r , , , ~ : , \ 1 1 , t t t t , q - j 1 I J ; , ' I ' l l ' i t i \
(4) Husband ;
(5) Father ;
(6) Mother ;
(7) Brothers and sisters ; .
(8) Brothers' and sisters' children ;
(9) Relations of her husband mentioned in section 18 and not included in clauses (1) and (2) ;
and
(10) Relations of her husband mentioned in sub-section (1) of section 20 in the order specified therein.
(2) Property devolvkg on two or more heirs under sub-section (1) shall be divisible among them equally :
Provided that where the pro erty devolves on the S relations of the husband referre to in clause (9) of sub-section (I ) , it shall be divisible among them in accordance with the rules laid down in section 19.
22. On the death intestate ofan unmarried Nambudri Dcvolu,ion female, the whole of her property which is self-acquired .f property or separate shall devolve on her parents. In the left by an absence of her parents, i t shnll devolve on her bruthe] s unmarried Nnmbutlri and sisters in equal shares and in their abscncc i t .hall fenlaic devolve on he1 illom. intastate.
CHAPTER VI.
PARTITION.