All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:
57.

Which of the following properties will section 30 of the Hindu Succession Act, 1956, govern ?

I. Tarwad
II. Tavazhi
III. Kutumba
IV. Kavaru
V. Illom
A: I,III and V
B: II,IV and V
C: I and II
D: All of the above

The answer is: D

Explanation

The correct option is D: All of the above.

Section 30 of the Hindu Succession Act, 1956, governs all the properties mentioned in the question.

Section 30 states that any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the provisions of the Indian Succession Act, 1925, or any other law for the time being in force and applicable to Hindus.

The properties of a tarwad, tavazhi, kutumba, kavaru or illom are capable of being disposed of by will or other testamentary disposition by the members of those groups, subject to certain conditions and limitations.

A tarwad is a joint family of Malabar Hindus governed by the Marumakkattayam law of inheritance, which is based on matrilineal descent. A tavazhi is a branch of a tarwad consisting of the descendants of a female ancestor. Section 7 of the Hindu Succession Act, 1956, provides that the interest of a male Hindu in the property of a tarwad or tavazhi shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the Marumakkattayam law. However, section 17 of the same Act states that nothing in this Act shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 17th day of June, 1956.

A kutumba is a joint family of Coorgi Hindus governed by the Aliyasantana law of inheritance, which is also based on matrilineal descent. A kavaru is a branch of a kutumba consisting of the descendants of a female ancestor. Section 7 of the Hindu Succession Act, 1956, also applies to the interest of a male Hindu in the property of a kutumba or kavaru. Similarly, section 17 of the same Act preserves the validity of any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 17th day of June, 1956.

An illom is a joint family of Nambudiri Brahmins of Kerala governed by the Nambudiri law of inheritance, which is based on patrilineal descent. Section 7 of the Hindu Succession Act, 1956, also applies to the interest of a male Hindu in the property of an illom. However, section 17 of the same Act does not apply to the Nambudiri law, and therefore any disposition or alienation including any partition or testamentary disposition of property which is contrary to the Nambudiri law shall be void.

Therefore, section 30 of the Hindu Succession Act, 1956, governs the properties of a tarwad, tavazhi, kutumba, kavaru or illom, subject to the conditions and limitations mentioned above.