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1976 Supreme(Ker) 153

P.SUBRAMONIAN POTI
BALAKRISHNA KURUP – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Can a child in utero be said to be a minor child? When a woman conceives could it be said that even before the delivery the unborn in the womb is a minor child of such mother? This interesting question arises in this case in the following circumstances:

2. Kerala Land Reforms Act 1963 (hereinafter referred to as the Act) provides, in Chapter III, for the determination of the ceiling area permitted to be held by a person and surrender of land in excess over the ceiling area. The ceiling is determined with reference to a family, an adult unmarried person, or any other person. The family as defined in the Act is an artificial unit consisting of a husband wife and unmarried minor children. The properties of the members of the family are treated as that of the family for the purpose of determining the ceiling area. If any of the members of the family owns or holds land or a share in land which is joint property that is treated as the land of the family for the purpose of Chapter III. It is not as if this provision is intended to alter the right of the individual members of the family to the lands assumed to be that of the family for the purpose of determining the ceiling a















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