illom.―(1)When a Hindu to whom the marumakkattayam or nambudri law would have applied if this
Act had not been passed dies after the commencement of this Act, having at the time of his or her death
an interest in the property of a tarwad, tavazhi or illom, as the case may be, his or her interest in the
property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not
according to the marumakkattayam or nambudri law.
Explanation.―For the purposes of this sub-section, the interest of a Hindu in the property of a
tarwad, tavazhi or illom shall be deemed to be the share in the property of the tarwad, tavazhi or illom, as the case may be, that would have fallen to him or her if a partition of that property per capita had been
made immediately before his or her death among all the members of the tarwad, tavazhior illom, as the
case may be, then living, whether he or she was entitled to claim such partition or not under the
marumakkattayam or nambudri law applicable to him or her, and such share shall be deemed to have been
allotted to him or her absolutely.
(2) When a Hindu to whom the aliyasantana law would have applied if this Act had not been passed
dies after the commencement of this Act, having at the time of his or her death an undivided interest in
the property of a kutumba or kavaru, as the case may be, his or her interest in the property shall devolve
by testamentary or intestate succession, as the case may be, under this Act and not according to the
aliyasantana law.
Explanation.―For the purposes of this sub-section, the interest of a Hindu in the property of a
kutumba or kavaru shall be deemed to be the share in the property of the kutumba or kavaru, as the case
may be, that would have fallen to him or her if a partition of that property per capita had been made
immediately before his or her death among all the members of the kutumba or kavaru, as the case may be,
then living, whether he or she was entitled to claim such partition or not under the aliyasantana law, and
such share shall be deemed to have been allotted to him or her absolutely.
(3) Notwithstanding anything contained in sub-section (1), when a sthanamdar dies after the
commencement of this Act, the sthanam property held by him shall devolve upon the members of the
family to which the sthanamdar belonged and the heirs of the sthanamdar as if the sthanam property had
been divided per capita immediately before the death of the sthanamdar among himself and all the
members of his family then living,, and the shares falling to the members of his family and the heirs of the
sthanamdar shall be held by them as their separate property.
Explanation.―For the purposes of this sub-section, the family of a sthanamdar shall include every
branch of that family, whether divided or undivided, the male members of which would have been
entitled by any custom or usage to succeed to the position of sthanamdar if this Act had not been passed.
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