P.GOVINDAN NAIR, V.P.GOPALAN NAMBIYAR, T.C.RAGHAVAN, P.T.RAMAN NAYAR, T.S.KRISHNAMOORTHY IYER
Mary Cheriyan – Appellant
Versus
Bhargavi Pillai Bhasura Devi – Respondent
RAMAN NAYAR, J. :- The question before us is whether, under the Marumakkathayam law, a subsequently conceived child gets a right by birth in the property obtained by its mother for her separate share in the partition of her tarwad, thus reducing her theretofore absolute powers of disposition to those of a joint family manager. In other words, whether, after such individual partition as it has been called, the property in the mother's hands continues to retain its character as tarwad property or becomes her individual property (I here use the expression, "tarwad property" not as meaning property still belonging to the tarwad but as meaning property with the incidents of tarwad property - of Section 38(2) of the Madras Marumakkathayam Act, 1932 before amendment by (Kerala) Act 26 of 1958 - and the expression, "individual property" to mean property bereft of these incidents and having instead the incidents of self-acquired property.) The expression, "separate property" within the meaning of Chapter IV of the Madras Marumakkathayam Act and of Chapters IV and V of the Travancore Nayar Act, 1100 seems to me wide enough to include "tarwad property" owned by one person in which no
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