JAGANNADHA RAO, K.A.NAYAR, RAMAKRISHNAN, KRISHNAMOORTHY, BALANARAYANA MARAR
Chellamma Kamalmma – Appellant
Versus
Narayana Pillai – Respondent
Jagannadha Rao, CJ.
The question referred to this Larger Bench is one of great importance in respect of the rights of inheritance to females governed by the Marumakkathayam law in Kerala. The question is whether S.17 of the Hindu Succession Act. 1956 which deals with succession to females continues to be in force and operative notwithstanding the commencement of the Kerala Joint Hindu Family System (Abolition) Act. 1975 (hereinafter referred to as 'the Joint Family Abolition Act. 1975). A learned single judge of tins Court in Madhavi Amma v. Kalliani Amma (1988(2) KLT 964) and a Division Bench of this Court in Bhaskaran v. Kalliani (1990 (2) KLT 749) have taken the view that the above said S.17 of the Hindu Succession Act. 1956 continues to be in force notwithstanding the Joint Family Abolition Act. 1975. It is the correctness of the said decisions that falls for consideration before us.
2. The basic facts are not in dispute and are as follows-The properly in question belongs to one Lakshmikutty Amma, who belonged to z Nair family and who died on 18-2-1982 leaving behind her. her husband (plaintiff) and her mother. one Chellamma. The dispute is in regard to the succession
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