MARUMAKKATHAYAM MARUMAKKATHAYAM Introduction
Introduction
Marumakkathayam is a form of matrilineal succession. This form of succession is Marumakkathayam is a form of matrilineal succession. This form of succession is prevalent
prevalent among among many many sects sects throughout throughout the the world. world. These These include include the the Minangkabau Minangkabau culture culture of of West Sumatra, the Naxi of hina, the !itksan of "ritish olumbia, the #ro$uois onfederacy West Sumatra, the Naxi of hina, the !itksan of "ritish olumbia, the #ro$uois onfederacy %&audenosaunee', the &opi, the "erbers, The (ndangs of Negeri Sembilan, Malaysia and our %&audenosaunee', the &opi, the "erbers, The (ndangs of Negeri Sembilan, Malaysia and our sub)ect matter, the practise of Marumakkathayam o
sub)ect matter, the practise of Marumakkathayam or *liyasantana system among Nairs and "untsr *liyasantana system among Nairs and "unts of #ndia. The system was largely followed by the Nairs including all castes of +oyal amilies, of #ndia. The system was largely followed by the Nairs including all castes of +oyal amilies, some of the *mbalavasis, *rayars, -hava, some tribal groups and
some of the *mbalavasis, *rayars, -hava, some tribal groups and Mappilas in North Malabar Mappilas in North Malabar of of /erala state, South #ndia.
/erala state, South #ndia. Definition
Definition Th
The e defdefininitiitionon of of MMararumumakakkakaththayayam am in in MaMadrdras as MaMarurummakakkakattttayayam am **ct ct 010123 23 iiss 4Marumakkattayam5 means the system of inheritance in which descent is traced in the female 4Marumakkattayam5 means the system of inheritance in which descent is traced in the female li
line ne and and 4M4Mararumumakakkatkattatayeyee5 e5 memeans ans a a pepersrson on gogoververnened d by by MaMarurumamakkakkaththayayam am 6a6aw w of of #nheritance. 4Tarawad5 means the group of person forming a )oint family with community of #nheritance. 4Tarawad5 means the group of person forming a )oint family with community of property
property governed governed by by Marumakkathayam Marumakkathayam 6aw 6aw of of #nheritance. #nheritance. * Ta* Tavahiused vahiused in in relation relation to to thethe female, is defined as the group of person consisting of that female, her children and all her female, is defined as the group of person consisting of that female, her children and all her descendants in the female line. *nd a tavahi used in relation to a male, is defined as the tavahi descendants in the female line. *nd a tavahi used in relation to a male, is defined as the tavahi of the mother of that female
of the mother of that female Origin
Origin
The origin of the marumakkatha
The origin of the marumakkathayam system still lies in obscurity. yam system still lies in obscurity. There are various theories withThere are various theories with regard to the origin of the marumakkathayam system. . #n order to ascertain the origin of the regard to the origin of the marumakkathayam system. . #n order to ascertain the origin of the marumakkathayam it is necessary to go back to its early stages and examine the condition of marumakkathayam it is necessary to go back to its early stages and examine the condition of society which have rise to it. Sir &enry Maine views that the origin of society was in patriarchal society which have rise to it. Sir &enry Maine views that the origin of society was in patriarchal families, that polyandry and kinshif through females were of temporary duration liable to be families, that polyandry and kinshif through females were of temporary duration liable to be brought
brought about about at at a a stage stage in in the the progress progress of of a a society society by by peculiar peculiar circumstances circumstances under under which which itit may be placed.7 *ndrew 6ang observed that 8the *ryan races have generally passed through the may be placed.7 *ndrew 6ang observed that 8the *ryan races have generally passed through the stage of scarcity of women, polyandry, absence of recognied kinship and recognitions of stage of scarcity of women, polyandry, absence of recognied kinship and recognitions of kinship through women. 9f the *ryan races there can be no $uestion that they too had passed kinship through women. 9f the *ryan races there can be no $uestion that they too had passed through the several stages before reaching the final one of paternal kinship. So the maternal through the several stages before reaching the final one of paternal kinship. So the maternal family and inheritance in the female line need not necessarily be the result of polyandry. *mong family and inheritance in the female line need not necessarily be the result of polyandry. *mong the Tibetians, the Todas, the *imons of :apan and other races that practiced polyandry and had the Tibetians, the Todas, the *imons of :apan and other races that practiced polyandry and had hardly any system of settled marriage;, marumakkathayam was found among some of the hardly any system of settled marriage;, marumakkathayam was found among some of the kshatriyas, vellalas and muslims also but polyandry was never practiced
kshatriyas, vellalas and muslims also but polyandry was never practiced by themby them Circumstances Responsible for it
Circumstances Responsible for it
The early hera kings who ruled /erala in the Sangam age, followed the patrilineal The early hera kings who ruled /erala in the Sangam age, followed the patrilineal system as was shown by the Sangam literature. "ut the descendant of the heras in the medieval system as was shown by the Sangam literature. "ut the descendant of the heras in the medieval times followed the matrilineal system.02 <ue to the force of compelling circumstances people times followed the matrilineal system.02 <ue to the force of compelling circumstances people under the patrilineal system adopted matrilineal system. None of the foreign travellers who under the patrilineal system adopted matrilineal system. None of the foreign travellers who visited Travancore before 0=th century had seen any thing peculiar in the family organiation of visited Travancore before 0=th century had seen any thing peculiar in the family organiation of the land. #t was for the advantage of the "rahmin :enmies and for the sexual pleasures of the the land. #t was for the advantage of the "rahmin :enmies and for the sexual pleasures of the "rahmins and they compelled the Nayars to change the law of inheritance, from patrilineal to the "rahmins and they compelled the Nayars to change the law of inheritance, from patrilineal to the matrilineal%They entered into loose unions called sambandham', under which individualism was matrilineal%They entered into loose unions called sambandham', under which individualism was ignored, the "rahmins succeeded in erecting a strong body contented, handed tenancy and not a ignored, the "rahmins succeeded in erecting a strong body contented, handed tenancy and not a la
landended d ararisistotocrcracy acy whwhicich h wawas s ththe e basbase e of of mamarurumamakkakkaththayayam am or or mamatrtrililinineaeal l sysyststem em of of inheritance.
#t
#t is is a a form form of of hereditary hereditary succession succession or or other other inheritance inheritance through through which which the the sub)ect>ssub)ect>s female relatives are traced back in a matrilineal line. The word 4Marumakkal5 in Malayalam female relatives are traced back in a matrilineal line. The word 4Marumakkal5 in Malayalam means nephews and nieces. The )oint family under this system is known as 4Tharavad5. The means nephews and nieces. The )oint family under this system is known as 4Tharavad5. The oldest living male member was known as the 4karanavar5 and was the head of the household and oldest living male member was known as the 4karanavar5 and was the head of the household and managed the family estate. 6ineage was traced through the mother, and the children 8belonged8 managed the family estate. 6ineage was traced through the mother, and the children 8belonged8 to the mother>s family, while all of the family property remained )ointly owned. This )oint to the mother>s family, while all of the family property remained )ointly owned. This )oint ownership of property0 was shared by the
ownership of property0 was shared by the members of the Tharavadu tracing their descent from amembers of the Tharavadu tracing their descent from a common ancestress
common ancestress (nder
(nder marumakkathayam, marumakkathayam, the the Nayar Nayar tharavad tharavad %family' %family' was was a a union union of of relation relation of of varying degrees of propion$uity traced through
varying degrees of propion$uity traced through a common female in )oint ownership of ca common female in )oint ownership of corporateorporate property
property under under the the beneficial beneficial management management of of a a common common /aranavan /aranavan %uncle'. %uncle'. 9rdinarily 9rdinarily a a manman does not take as much interest in his distant kinsman as in the children of his own mother, his does not take as much interest in his distant kinsman as in the children of his own mother, his brothers, his sisters and their chil
brothers, his sisters and their children.dren.
The benefits of legal marriages, parental rights domestic rule, the obligation to support The benefits of legal marriages, parental rights domestic rule, the obligation to support the wife and children were ignored under the system.The individual members of a tharavad had the wife and children were ignored under the system.The individual members of a tharavad had only the right to maintenance. The system of marumakkathayam led to a life of idleness among only the right to maintenance. The system of marumakkathayam led to a life of idleness among the members of the family which stood against the prosperity of the society. The karanavans the members of the family which stood against the prosperity of the society. The karanavans we
were re prpractacticicalally ly vovoicice e lelessss, , whwhen en kakararanavnavan an wawas s not not bobound und to to prprovovidide e fofor r ththem em beybeyondond subsistence and improve their, moral and intellectual condition.0; The arbitrary and absolute subsistence and improve their, moral and intellectual condition.0; The arbitrary and absolute powers
powers of of the the karanavan karanavan naturally naturally tended tended to to foster foster a a feeling feeling of of discontent discontent among among the the other other members regarding the management of the tharavad
members regarding the management of the tharavad and led to $uarrels.and led to $uarrels. Marriage
Marriage
(nder marumakkathayam again the marriage tie was very loose and temporary. Marriage as a (nder marumakkathayam again the marriage tie was very loose and temporary. Marriage as a duly
duly recrecogniognied ed socsocial ial insinstittitutiution on did did not not exiexist st in in the the NayNayar ar comcommunimunityty.0.01 1 *l*lthothough ugh thethe Sambandham union has in it all the elements of a valid marriage, it had no legal sanction. -ven Sambandham union has in it all the elements of a valid marriage, it had no legal sanction. -ven the powers of disposing by will of self ac$uired property was not recognied in the case of the powers of disposing by will of self ac$uired property was not recognied in the case of Nayars by the law of marumakkathayam
Nayars by the law of marumakkathayam Karna!ar"manager#
Karna!ar"manager#
The
The karanavar (uncle-karnavan)karanavar (uncle-karnavan)of theof the tarawadtarawad has been a trustee or the person in chargehas been a trustee or the person in charge of all matters connected with the )oint family. &e has been considered as the most important of all matters connected with the )oint family. &e has been considered as the most important person in
person in the family and the family and was held in was held in great esteem. &great esteem. &e had e had both spiritual and both spiritual and temporal rights andtemporal rights and responsibilities. This is best evident from the position held by him. term
responsibilities. This is best evident from the position held by him. term karanavarkaranavar means a manmeans a man with responsibility and
with responsibility and authority.authority. (sually
(sually he he will will be be referred referred to to as as thethe ValiyammavanValiyammavan %grand uncle' of the%grand uncle' of the family.
family. 9ften he will be a venerable 9ften he will be a venerable old member of the family. &e would beold member of the family. &e would be the custodian of all the properties and in
the custodian of all the properties and in charge of the day to daycharge of the day to day administration of the
administration of the tarawad.tarawad. *s noted above it is the eldest *s noted above it is the eldest male member male member of the
of the tarawadtarawad who becomes thewho becomes the karanavarkaranavar by his legal right. #t is the senior by his legal right. #t is the senior most male member of all the branches or
most male member of all the branches or tavazhiestavazhies of theof the tarawadtarawad whowho becomes the
becomes the karanavar.karanavar. TheThe karanavarkaranavar was almost like an uncrowned king.was almost like an uncrowned king. Most
Most often often even even if if thethe karanavarkaranavar misused his power the subordinate members of themisused his power the subordinate members of the tarawad
tarawad , especially the ladies, were helpless to talk against him.9n his death or when he ceases, especially the ladies, were helpless to talk against him.9n his death or when he ceases to be the head, a male member, next in seniority from all the branches of the family taken to be the head, a male member, next in seniority from all the branches of the family taken together would succeed to the office of the
together would succeed to the office of the karanavar.karanavar. TheThe karanavarskaranavars of the /oodali family andof the /oodali family and /av
/avalaalapparppara a famfamily ily had had varvariouious s rigrights hts and and resresponponsisibilbilitiities es and and priprivilvileges eges as as the the heaheads ds of of aristocratic landed families.
(nd
(nder er the the heaheadshdship ip of of thethe karkaranavanavarar thethe tartarawaawadd ensured a stable life for all itsensured a stable life for all its member
members. There were s. There were severaseveral l custocustoms governing ams governing a tarawad tarawad . (sually under the headship of the. (sually under the headship of the karanavar
karanavar there existed harmony in the )oint family.0 *ll these powers and responsibilities arethere existed harmony in the )oint family.0 *ll these powers and responsibilities are best
best evident evident from from the the case case of of the the /oodali/oodali tarawadtarawad and the /avalappara family. The power andand the /avalappara family. The power and functions of the
functions of the karanavarskaranavars differ in accordance with the differences in the financial adiffer in accordance with the differences in the financial a nd politicalnd political status of the
status of the tarawtarawad.ad. The head of the /avalappara family seems to have more functions andThe head of the /avalappara family seems to have more functions and power
power than than the the head head of of the the /oodali /oodali family, family, even even though though both both werewere marumakkathayammarumakkathayam tarawads .
tarawads .The installation of the newThe installation of the new karanavkaranavarar in the wealthy feudal families was observedin the wealthy feudal families was observed along with certain ceremonies of coronation. The coronation ceremonies or the installation along with certain ceremonies of coronation. The coronation ceremonies or the installation ceremonies were reflective of their power and prestige. They were in accordance with certain ceremonies were reflective of their power and prestige. They were in accordance with certain customs and practices.
customs and practices. $omens po%er
$omens po%er
Marumakkathayam gives huge importance to the role of women in the family hierarchy. Marumakkathayam gives huge importance to the role of women in the family hierarchy. (nlike in many other #ndian traditions, they were not considered unwanted births or lesser (nlike in many other #ndian traditions, they were not considered unwanted births or lesser beings,
beings, to to be be married married away away and and never never to to return return or or be be part part of of their their real real family. They family. They ac$uired ac$uired aa higher soci
higher social statusal status? they inherit? they inherited family propeed family property and the family homerty and the family home. or example, . or example, in ain a Marumakkathayam family, the sister of a man came first in affection and responsibility before Marumakkathayam family, the sister of a man came first in affection and responsibility before his own 8wife8. *t their husband5s homes, where they visited occasionally, they were treated as his own 8wife8. *t their husband5s homes, where they visited occasionally, they were treated as special guests. "ut, it still meant that their happiness was determined by the men folk, like many special guests. "ut, it still meant that their happiness was determined by the men folk, like many other social systems prevalent in #ndia. *mong other negatives of this system, families without other social systems prevalent in #ndia. *mong other negatives of this system, families without an elder male member made
an elder male member made a certain sense of insecurity.a certain sense of insecurity. 9nce,
9nce, this this system system used used to to be be a a great great support support for for the the women women in in /erala. /erala. The The system system gavegave women the basic rights and succession carried on through matrilineal system as opposed to rest women the basic rights and succession carried on through matrilineal system as opposed to rest of the country. "ut in the due course of time, patriarchy had superseded the matriarchy. #n this of the country. "ut in the due course of time, patriarchy had superseded the matriarchy. #n this system the oldest brother was known as the karanavar and was the head of the household and system the oldest brother was known as the karanavar and was the head of the household and managed the family estate and the lineage was traced through the mother. #n the event of a managed the family estate and the lineage was traced through the mother. #n the event of a partition, the shares of the children were clubbed with that of the mother. T
partition, the shares of the children were clubbed with that of the mother. The karnavar>s propertyhe karnavar>s property was inherited by his nephews and not his sons. #t is clearly evident that under this system, the was inherited by his nephews and not his sons. #t is clearly evident that under this system, the fam
family ily manmanagemagement ent and and proproperperty ty was was undunder er the the malmale e headhead. . 9nl9nly y sucsuccescessision on was was thrthroughough women. *nother important practise in this system was that the property was always )ointly women. *nother important practise in this system was that the property was always )ointly owned, unlike other systems like <ayabhaga and Mitakshara, where the property rests in the owned, unlike other systems like <ayabhaga and Mitakshara, where the property rests in the hands of male members only i.e. /arta and the oparceners.
hands of male members only i.e. /arta and the oparceners. ACT A&D
ACT A&D 'RACTI()"HI(TORY'RACTI()"HI(TORY## Malaba
Malabar r was was part part of of the the Madras Madras @res@residency idency during during "riti"ritish sh +ule. +ule. The The law law regarregardingding Marumakkathayam was covered under Madras Marumakkathayam *ct 0123.2 The definition of Marumakkathayam was covered under Madras Marumakkathayam *ct 0123.2 The definition of Marumakkathayam in the *ct explains the system of inheritance in which descent is traced in the Marumakkathayam in the *ct explains the system of inheritance in which descent is traced in the female and 4Marumakkathayee5 means a person governed by this *ct. *s per Section 2%h' of female and 4Marumakkathayee5 means a person governed by this *ct. *s per Section 2%h' of &indu Succession *ct, 8Marumakkattayam law8 means the system of law applicable to persons.A &indu Succession *ct, 8Marumakkattayam law8 means the system of law applicable to persons.A %a
%a' ' whwho, o, if if ththis is **ct ct hahad d nonot t bebeen en papassssed ed wowoululd d hahave ve bebeen en gogovevernrned ed by by ththe e MaMadrdrasas Mar
Marumaumakkatkkattaytayam am *c*ct, t, 01230123, , the the TrTravanavancorcore e NayNayar ar *c*ct, t, the the TrTravaavancorncore e -h-hava ava *c*ct, t, thethe Travancore Nan)inad Bellala *ct, the Travacore /shatriya *ct, the Travancore /rishnanavaka Travancore Nan)inad Bellala *ct, the Travacore /shatriya *ct, the Travancore /rishnanavaka Marumakkathayee *ct, the ochin Marumakkathayam *ct, or the
Marumakkathayee *ct, the ochin Marumakkathayam *ct, or the ochin Nayar *ct with respectochin Nayar *ct with respect to the matters for which provision is made in this *ct, or
to the matters for which provision is made in this *ct, or
%b' who belong to any community, the members of which are largely domiciled in the State of %b' who belong to any community, the members of which are largely domiciled in the State of TravancoreAochin or Madras %as it existed immediately before the 0st November, 01C7' and TravancoreAochin or Madras %as it existed immediately before the 0st November, 01C7' and who, if this *ct had not
which provision is made in this *ct by any system of inheritance in which descent is traced which provision is made in this *ct by any system of inheritance in which descent is traced through the female line.
through the female line. "efor
"efore e the the &indu &indu SuccesSuccession sion *ct*ct, , the the customcustomary ary law law of of MarumMarumakkattakkattayam ayam andand *liyasantana had been modified by the statutory law. The main enactments modifying the law *liyasantana had been modified by the statutory law. The main enactments modifying the law areD Malabar Marriage *ct, 0;17, Malabar Wills *ct, 0;17, Madras Marumakkattayam *ct, areD Malabar Marriage *ct, 0;17, Malabar Wills *ct, 0;17, Madras Marumakkattayam *ct, 0123, Mappilla Marumakkattayam *ct, 0121, Madras *liyasantana *ct, 01=1, +egulation of the 0123, Mappilla Marumakkattayam *ct, 0121, Madras *liyasantana *ct, 01=1, +egulation of the State of TravancoreAochin. These acts are mostly interAconnected with each other. 6ike the State of TravancoreAochin. These acts are mostly interAconnected with each other. 6ike the tes
testamtamentaentary ry powpowers ers in in the the MalMalabar Wilabar Wills ls *c*ct, t, 0;17 0;17 whiwhich ch proprovidvides es rulrules es for for exeexecutcutionion,, attestation, revocation and revival of the wills of persons governed
attestation, revocation and revival of the wills of persons governed by Marumakkattayam system.by Marumakkattayam system. Similar provisions have been enacted in +eg
Similar provisions have been enacted in +egulations of the State of TravancoreAochin.ulations of the State of TravancoreAochin. Ali*a+(antana "&ephe% lineage#
Ali*a+(antana "&ephe% lineage# Introduction
Introduction Ali*
Ali*a+(antanaa+(antana system of inheritance of property followed mostly by "unts and other nonAsystem of inheritance of property followed mostly by "unts and other nonA brahmin
brahmin communities communities in in south south canara canara which which is is complete complete opposite opposite compared compared to to the the systemsystem followed by &indus. #t is also referred as *liASantana %/undapura /annada' or *liyaA/attu followed by &indus. #t is also referred as *liASantana %/undapura /annada' or *liyaA/attu %Tulu', where in the children belongs to mother5s family, and they will inherit the E"aliF of %Tulu', where in the children belongs to mother5s family, and they will inherit the E"aliF of mother. "ali is similar to what is called as !otra in "rahmins. *ll the laws governing the mother. "ali is similar to what is called as !otra in "rahmins. *ll the laws governing the marriages are based on "ali, so that boy and girl of same "ali are not supposed to get married marriages are based on "ali, so that boy and girl of same "ali are not supposed to get married and they are considered siblings.
and they are considered siblings. Definition
Definition The
The terms terms derived derived from from karn karn aliya aliya ,sonAinAlaw ,sonAinAlaw ,and s,and sriAsatanariAsatanaOffspring , The landOffspring , The land
amendment and land tenures of canara -./0 stated that the rule %as introduced into the amendment and land tenures of canara -./0 stated that the rule %as introduced into the beginning of 0
beginning of 0rdrd centur* , In Canara s*stem of spea1ing is termed ali*a 2santan centur* , In Canara s*stem of spea1ing is termed ali*a 2santan *ll
*ll the the property property is is inherited inherited in in such such a a way way that, that, the the girl girl will will get get most most of of the the propertyproperty while the boy would get only his share. That is, if the girl has children, they also get their share, while the boy would get only his share. That is, if the girl has children, they also get their share, but
but the the boy boy does does not, not, his his children children are are supposed supposed to to get get their their share share from from their their family family %mother5s%mother5s family'. Some of the surnames of "unts come from the mother side? the name of the mother>s family'. Some of the surnames of "unts come from the mother side? the name of the mother>s ancestral house normally became the prefix or suffix of one>s name. This may be because when ancestral house normally became the prefix or suffix of one>s name. This may be because when men went to the battlefield, the wife took the whole responsibility of the family and became the men went to the battlefield, the wife took the whole responsibility of the family and became the decisionAmaker. So in the *liyasantana system more importance is given to the mother>s side of decisionAmaker. So in the *liyasantana system more importance is given to the mother>s side of the family. More respect is given to maternal uncles than to the paternaluncles. #n this system the the family. More respect is given to maternal uncles than to the paternaluncles. #n this system the eldest member is known as e)aman and the eldest female member is known as e)amanthi. The eldest member is known as e)aman and the eldest female member is known as e)amanthi. The seniorAmost member whether male or female, is entitled to carry on the family managements.No seniorAmost member whether male or female, is entitled to carry on the family managements.No member of the tarwad had a right to claim partition or separate possession of his share without member of the tarwad had a right to claim partition or separate possession of his share without the concurrence of other members.
the concurrence of other members. There
There were were no no clear clear rules rules for for the the father>s father>s property. property. @robably, @robably, in in the the earlier earlier times times it it mightmight have gone solely to nephew. &owever, it was observed in the later period even though the have gone solely to nephew. &owever, it was observed in the later period even though the mother>s property distribution would always follow matrilineal inheritance rules %sometimes at mother>s property distribution would always follow matrilineal inheritance rules %sometimes at the expense of sons', father was free to
the expense of sons', father was free to distribute his property according to his wish.distribute his property according to his wish. Origin
Origin
There are several inscriptions found near "arkur which say that the *liya Santana is being There are several inscriptions found near "arkur which say that the *liya Santana is being followed during the time from 0Gth to 07th century. The story behind *liya Santana is very followed during the time from 0Gth to 07th century. The story behind *liya Santana is very interesting. #t is said that very long ago "arkur was called as E"araha /anya @uraF, since the interesting. #t is said that very long ago "arkur was called as E"araha /anya @uraF, since the /ing "hootala @andya had twelve wives. The king of demon, /undodara "hoota demanded a /ing "hootala @andya had twelve wives. The king of demon, /undodara "hoota demanded a E"aliF %Sacrifice' of king5s son when the newly built ship was set out to sea. -ven though he had E"aliF %Sacrifice' of king5s son when the newly built ship was set out to sea. -ven though he had twelve wives and lot of children they refused to give one. Then his sister agreed to sacrifice her twelve wives and lot of children they refused to give one. Then his sister agreed to sacrifice her
son. The demon /undodara was impressed, he not only spared the young boy5s life, but also son. The demon /undodara was impressed, he not only spared the young boy5s life, but also ordered "ootala pandya to
ordered "ootala pandya to follow the *liyfollow the *liyaASantana, where in aaASantana, where in all the property would be ll the property would be inheritedinherited to his Nephew, and the laws of inheritance were written, as dictated by the demon /undodara. to his Nephew, and the laws of inheritance were written, as dictated by the demon /undodara. -ven today *liyaASantana is followed in TuluANadu, or the undivided South anara, especially -ven today *liyaASantana is followed in TuluANadu, or the undivided South anara, especially in "unts c
in "unts community.ommunity. "hutal
"hutala a @andya @andya ruled ruled for for a a perioperiod d of of seventyseventyAfive Afive years years in in peace peace and and sub)esub)ects cts werewere prosperous.
prosperous. &e &e had had twelve twelve wives wives with with whom whom he he had had any any children, children, both both boys boys and and girls. girls. &e&e commanded all his sub)ects to follow his uncle>s example of the matrilineal system of aliya commanded all his sub)ects to follow his uncle>s example of the matrilineal system of aliya san
santantana, a, and and the the lawlaws s of of inhinherieritantance ce werwere e wriwrittetten, n, as as dicdictattated ed by by the demon the demon /un/undoddodaraara.. Subse$uently, his nephew Bidyadyumna @andya came to power and the aliya santana system is Subse$uently, his nephew Bidyadyumna @andya came to power and the aliya santana system is said to have been followed ever si
said to have been followed ever since. nce. "hutala @andya>s progeny through aliya santana "hutala @andya>s progeny through aliya santana ruled for ruled for seven generations for a total of 3C1
seven generations for a total of 3C1 years.years. 9f course, there are no hi
9f course, there are no historical records of the autstorical records of the authenticity of the story of henticity of the story of "hutala @andya. "hutala @andya. TheThe first epigraph referring to the system of aliya santana is from the 0Gth
first epigraph referring to the system of aliya santana is from the 0Gth century, suggesticentury, suggesting that theng that the system was followed at that time, when a passing reference was made in one of the inscriptions. system was followed at that time, when a passing reference was made in one of the inscriptions. ollowing this, several epigraphic inscriptions of later centuries refer to the system routinely and ollowing this, several epigraphic inscriptions of later centuries refer to the system routinely and the practice was undoubtedly very prevale
the practice was undoubtedly very prevalent. nt. There is ample evidence to There is ample evidence to suggessuggest that t that aliyaaliya santana was followed by large segments
santana was followed by large segments 'ersons go!erned
'ersons go!erned b* aliasantana b* aliasantana s*stem of s*stem of la%la%
Most nonA"rahmin communities in the Tulu nadu follow a system of inheritance to family Most nonA"rahmin communities in the Tulu nadu follow a system of inheritance to family property, in which
property, in which succession is succession is followed along followed along the female the female line. line. alled aliya santana alled aliya santana #t is #t is a lawa law th
that at hahas s bebeen en fofolllloweowed d by by prpredoedomiminanantntly ly ththe e "u"unt nt comcommumunitnity y anand d ththe e :a:ainins. s. #t #t is is wewellll established that the rulers of the feudatory states %like the hautas, "angas, Savantas, *)ilas, and established that the rulers of the feudatory states %like the hautas, "angas, Savantas, *)ilas, and To
Tolahas', who were mostly :ains, followed the aliya santana sylahas', who were mostly :ains, followed the aliya santana system of inheritance. stem of inheritance. There is alsoThere is also evidence that the *lupas, before the advent of the Bi)ayanagara -mpire, followed the system of evidence that the *lupas, before the advent of the Bi)ayanagara -mpire, followed the system of matriarchy.
matriarchy. The
The law law was was recognied recognied by by the the modern modern courts courts as as far far back back as as the the "ritish "ritish #ndia #ndia in in 0;=2.0;=2. The rules of aliya santana were first published as the -nglish translation in 0;7=, by the !erman The rules of aliya santana were first published as the -nglish translation in 0;7=, by the !erman @ress Mission in Mangalore %printed in Madras :ournal of 6iterature and Science'.
@ress Mission in Mangalore %printed in Madras :ournal of 6iterature and Science'. T
Thhe e MMaarruummaa1111aattttaa**aam m AAnnd d AAllii**aassaannttaanna a 33aa%%s s 4 4 MMiittaa11sshhaarra a 33aa%% H
H *l*like ike )oi)oint nt famfamily ily and and opoparcarcenarenary y of of the the MitMitaksaksharhara a schschool ool the the MarMarumaumakkakkattattayam yam andand *liyasantana systems have their unit tarwad. The )oint families under all these systems are *liyasantana systems have their unit tarwad. The )oint families under all these systems are corporate units and are )oint in food, worship and estate, but the )oint estate is impartible under corporate units and are )oint in food, worship and estate, but the )oint estate is impartible under these systems unless all the members agree. The rights of management and alienation invested in these systems unless all the members agree. The rights of management and alienation invested in the /aranavan are analogous to the rights possessed of the karta of Mitakshara and <ayabhaga the /aranavan are analogous to the rights possessed of the karta of Mitakshara and <ayabhaga )oint family
)oint family..
H Similarly in both the systems, on the death of any one of its members, his or her interest H Similarly in both the systems, on the death of any one of its members, his or her interest devolves on the other members through survivorship.
devolves on the other members through survivorship.
H #n both the systems on the death of anyone of its members, his or her interest devolves on the H #n both the systems on the death of anyone of its members, his or her interest devolves on the other member of the )oint family by survivorship.
other member of the )oint family by survivorship.
H The basic difference is that the Mitakshara :oint amily is based on patriarchal system while H The basic difference is that the Mitakshara :oint amily is based on patriarchal system while Marumakkattayam and *liyasantana system is based on
Marumakkattayam and *liyasantana system is based on matriarchal system.matriarchal system.
H #n Marumakkattayam and *liyasantana system every member whether male or female has H #n Marumakkattayam and *liyasantana system every member whether male or female has e$ual right in tarwad %property' by virtue of his being born in that tarwad % family' while in case e$ual right in tarwad %property' by virtue of his being born in that tarwad % family' while in case
of Mitakshara the only son, grandson and great grandson have the right by birth in the )oint of Mitakshara the only son, grandson and great grandson have the right by birth in the )oint family property.
family property. Maruma11atta*am
Maruma11atta*am (*stem 5, (*stem 5, Ali*asantana (*stemAli*asantana (*stem
H The only vital difference between the two systems is that in *liyasantana system, the senior H The only vital difference between the two systems is that in *liyasantana system, the senior most member whether male %e)aman' or female %e)amanthi' is entitled to carry on the family most member whether male %e)aman' or female %e)amanthi' is entitled to carry on the family management while in Marumakkattayam system the senior most male member %karnavan' has management while in Marumakkattayam system the senior most male member %karnavan' has the right and power to carry on the family management and in the absence of male adult the right and power to carry on the family management and in the absence of male adult mem
memberbers s the senior most the senior most femfemale ale memmember ber %ka%karnarnavatvathi' hi' has the has the powpower er to to carcarry ry on on famfamilyily management.
management.
H *s per )udicial decisions the self ac$uired property of a female member in Marumakkattayam H *s per )udicial decisions the self ac$uired property of a female member in Marumakkattayam system descended to her Tavahi, i.e. to her own issues and in default of her issues, it devolved system descended to her Tavahi, i.e. to her own issues and in default of her issues, it devolved to her mother and her descendents. #n case of male member if the property has not been disposed to her mother and her descendents. #n case of male member if the property has not been disposed during his lifetime, lapses to the tarwad %)oint family' and forms part and parcel of its property. during his lifetime, lapses to the tarwad %)oint family' and forms part and parcel of its property. While in *liyasantana system there is no distinction as to the devolution of property of a male or While in *liyasantana system there is no distinction as to the devolution of property of a male or female member. The self ac$uired property of a member goes to the nearest branch, and where female member. The self ac$uired property of a member goes to the nearest branch, and where there are more branches than on
there are more branches than one standing in the same degree e standing in the same degree of relationship, they inherit )ointly.of relationship, they inherit )ointly. 3egal )nactments And 'ro!isions
3egal )nactments And 'ro!isions
The Marumakkattayam and *liyasantana laws are therefore essentially customary laws and there The Marumakkattayam and *liyasantana laws are therefore essentially customary laws and there are no sacred writing binding on the followers of these systems. -ven prior to the passing are no sacred writing binding on the followers of these systems. -ven prior to the passing of &indu Succession *ct, the customary law of Marumakkattayam and *liyasantana had been of &indu Succession *ct, the customary law of Marumakkattayam and *liyasantana had been modified by the statutory law. The main enactments modifying the law areD Malabar Marriage modified by the statutory law. The main enactments modifying the law areD Malabar Marriage *c
*ct, t, 0;0;17, 17, MaMalalabar bar WWiilllls s **ctct, , 0;0;17, 17, MaMadrdras as MaMarumrumakkakkatattaytayam am *c*ct, t, 010123, 23, MaMappippillllaa Mar
Marumaumakkatkkattaytayam am *c*ct, t, 01210121, , MadMadras ras *l*liyaiyasansantantana a *c*ct, t, 01=101=1, , +eg+egulaulatiotion n of of the the StaState te of of TravancoreAochin.
TravancoreAochin. The law
The law of succession of of succession of MarumMarumakkattakkattayam and *liyasanayam and *liyasantana had tana had been changed been changed by legislatiby legislativeve en
enactactmementnts. s. ThThe e MaMarurumamakkakkattttayayam am *c*ct t anand d ththe e *l*liyiyasaasantntana ana **ct ct lalay y dodown wn ththe e rurule le of of suc
succescessiosion n to to the the proproperperty ty of of a a memmember ber of of the the tartarwad wad dyidying ng intintestestateate. . (nde(nder r the the MadMadrasras Marumakkattayam *ct the preferential heirs of a male member areD his mother, widow, and Marumakkattayam *ct the preferential heirs of a male member areD his mother, widow, and children
children
The property can be inherited by tavahi only when the intestate has died without leaving his The property can be inherited by tavahi only when the intestate has died without leaving his mother or children or lineal descendants in the female line. The nearest heirs of the female mother or children or lineal descendants in the female line. The nearest heirs of the female member areD her children, lineal descendents in female line and in default of formerD mother5s member areD her children, lineal descendents in female line and in default of formerD mother5s tavahi, husband and maternal grandmother5s tavahi. #n default of either the whole is taken by tavahi, husband and maternal grandmother5s tavahi. #n default of either the whole is taken by other.
other. The
The testestamtamententary ary powpowers ers undeunder r botboth h the the sysystemstems s had had alsalso o beebeen n recrecogniognised sed by by legilegislaslativtivee enactments. The Malabar Wills *ct, 0;17 provides rules for execution, attestation, revocation enactments. The Malabar Wills *ct, 0;17 provides rules for execution, attestation, revocation and revival of the wills of persons governed by Marumakkattayam and *liyasantana system. and revival of the wills of persons governed by Marumakkattayam and *liyasantana system. Similar provisions have been enacted in
Similar provisions have been enacted in +egulations of the State of TravancoreAochin.+egulations of the State of TravancoreAochin.
#t was later realied that existing law of Marumakkattayam and *liyasantana system was not #t was later realied that existing law of Marumakkattayam and *liyasantana system was not satisfactory and along with reform in the Mitakshara and <ayabhaga system, a reform in the law satisfactory and along with reform in the Mitakshara and <ayabhaga system, a reform in the law of
of thethese se sysystemstems s was was alsalso o necnecessessaryary. . The The &in&indu du SuccSuccessession ion "il"ill l concontaitained ned the the proprovisvisionionss reforming the law of succession of Marumakkattayam and *liyasantana system. The rule of reforming the law of succession of Marumakkattayam and *liyasantana system. The rule of succession of property of a male and
succession of property of a male and female were different.female were different.
"ut the present act %&indu Succession *ct' has changed the scheme of the original bill. Section I "ut the present act %&indu Succession *ct' has changed the scheme of the original bill. Section I of the *ct deals with the devolution of interest in the property of tarwad etc. #t repeals and of the *ct deals with the devolution of interest in the property of tarwad etc. #t repeals and replaces the law of intestate and testamentary succession applicable to these families.
Th
The e rurule le of of susucceccessssioion n apappliplicacablble e to to ththe e prpropopererty ty of of a a fefemamale le or or mamale le memembmberers s of of ththee Marumakkattayam and *liyasantana system have been enacted under Section 0I of the said *ct. Marumakkattayam and *liyasantana system have been enacted under Section 0I of the said *ct. The section provides that, with certain modifications, the rules applicable are the same which are The section provides that, with certain modifications, the rules applicable are the same which are applied to &indu male or female under the &indu Succession *ct, 01C7. This section specifies applied to &indu male or female under the &indu Succession *ct, 01C7. This section specifies that in case a male dies intestate, his property shall devolveD irstly, upon the heirs, being that in case a male dies intestate, his property shall devolveD irstly, upon the heirs, being relatives specified in class # of the schedule. Secondly, if there is no heir of class #, upon heirs of relatives specified in class # of the schedule. Secondly, if there is no heir of class #, upon heirs of class ## of the schedule. Thirdly, if there is no heir of any two classes, upon his relatives whether class ## of the schedule. Thirdly, if there is no heir of any two classes, upon his relatives whether agnates or cognates.
agnates or cognates.
The rules applicable for the distribution of property among class # and class ## heirs are the same The rules applicable for the distribution of property among class # and class ## heirs are the same as are applicable to other &indus, i.e.,
as are applicable to other &indus, i.e., as per sec 0G and 00 of the *ct.as per sec 0G and 00 of the *ct.
*s per sec 0I the property of a female dying intestate shall devolve on the followingD irstly, *s per sec 0I the property of a female dying intestate shall devolve on the followingD irstly, upon the sons and daughters %including the children of any preAdeceased son or daughter' and the upon the sons and daughters %including the children of any preAdeceased son or daughter' and the mother. Secondly, upon the father and the husband. Thirdly, upon the heirs of the mother. mother. Secondly, upon the father and the husband. Thirdly, upon the heirs of the mother. ourthly, upon the heirs of the
ourthly, upon the heirs of the father. 6astlyfather. 6astly, upon the , upon the heirs of the husband.heirs of the husband.
*ny property inherited by a female from her husband or from her father in law shall devolve in *ny property inherited by a female from her husband or from her father in law shall devolve in the absence of any son or daughter of the deceased %including the children or any preAdeceased the absence of any son or daughter of the deceased %including the children or any preAdeceased son or daughter' not upon the other heirs referred to in subAsection %0' in the order specified son or daughter' not upon the other heirs referred to in subAsection %0' in the order specified therein, but upon the heirs of the husband.
therein, but upon the heirs of the husband. *lso under the /erala :oint &indu amily S
*lso under the /erala :oint &indu amily S ystystem em %*bol%*bolitioition' *ct, 01IC, n' *ct, 01IC, the acts the acts pertaipertaining toning to Marumakkathayam and *liyasantana system were abolished and it was an act to abolish the )oint Marumakkathayam and *liyasantana system were abolished and it was an act to abolish the )oint family system among &indus in the State of /erala.
family system among &indus in the State of /erala.
(nder Sec I of this *ct both these system based on custom and usage were abolished. Section I (nder Sec I of this *ct both these system based on custom and usage were abolished. Section I states thatD
states thatD
%0' Save as otherwise expressly provided in this *ct, any text, rule or interpretation of &indu %0' Save as otherwise expressly provided in this *ct, any text, rule or interpretation of &indu 6aw or any custom or usage as part of that law in force immediately before the commencement 6aw or any custom or usage as part of that law in force immediately before the commencement of this *ct shall cease to have effect with respect to any matter for which provision is made in of this *ct shall cease to have effect with respect to any matter for which provision is made in this *ct.
this *ct.
%3' The *cts mentioned in the Schedule, in so far as they apply to the whole or any part of the %3' The *cts mentioned in the Schedule, in so far as they apply to the whole or any part of the State of /erala, are hereby repealed.
State of /erala, are hereby repealed.
#t repealed the following acts pertaining to the ab
#t repealed the following acts pertaining to the ab ove 3 systems %as per schedule under ove 3 systems %as per schedule under Sec I%3''Sec I%3'' a. The Madras Marumakkathayam *ct, 0122 %JJ## of 0122'
a. The Madras Marumakkathayam *ct, 0122 %JJ## of 0122' b. The Madras *
b. The Madras *liyasantana *ctliyasantana *ct, 01=1 %#J of 01=1', 01=1 %#J of 01=1' c. The Travancore /rishnavaka
c. The Travancore /rishnavaka Marumakkathayee *ct %B## of 000C'Marumakkathayee *ct %B## of 000C' d. The ochin
d. The ochin Marumakkatyam *ct, JJJ### of 0002Marumakkatyam *ct, JJJ### of 0002 Decline Of The (*stems
Decline Of The (*stems This
This empoweempowering ring systesystem m disidisintegrantegrated ted with with time. time. The The period period of of wars wars was was overover. . 6and6and ceiling laws reduced the extent of possession under the tharavadu and they gradually dwindled in ceiling laws reduced the extent of possession under the tharavadu and they gradually dwindled in sie and wealth. -conomic changes in society and ideological and culturalperspectives ac$uired sie and wealth. -conomic changes in society and ideological and culturalperspectives ac$uired by
by the the educated educated middle middle class class and and the the changes changes in in the the value value system system affected affected the the )oint )oint familyfamily tthahararavavadsds. . ThThe e ununititarary y nunuclcleaear r fafammilily y ssuiuitted ed pepeopople le bebetttterer. . TThe he sstrtrucuctuturre e of of ththee mat
matrilrilineineal al thatharavravadu adu chachanged nged betbetweeween n the the 0;t0;th h and and the the 3Gt3Gth h ententuryury, , whiwhich ch conconcurcurrentrentlyly affected the rights of women within the household. The very structure of the matrilineal kinship affected the rights of women within the household. The very structure of the matrilineal kinship also underwent tremendous change. The real reason for the disappearance of the tharavadu was also underwent tremendous change. The real reason for the disappearance of the tharavadu was the selfishness and the untold greed for money in siblings in matrilineal families.
the selfishness and the untold greed for money in siblings in matrilineal families. The
The new new laws laws and and legal legal procedures procedures that that were were introduced introduced in in Malabar Malabar and and also also in in TravancoreTravancore and ochin from the 01th entury onwards had an adverse impact on the rights of women in and ochin from the 01th entury onwards had an adverse impact on the rights of women in
Nair
Nair tharavads. tharavads. Nair Nair reform reform movements movements challenged challenged the the unmitigated unmitigated powers powers of of the the karanavar.karanavar. @atriarchal values influenced men and women alike. Women supported the partition of )oint @atriarchal values influenced men and women alike. Women supported the partition of )oint family systems and in the 012Gs women took the initiative in the partition of many tharavads. #n family systems and in the 012Gs women took the initiative in the partition of many tharavads. #n Travancore, within five years of the Marumakkattayam 6aw of 0122, which sanctioned the Travancore, within five years of the Marumakkattayam 6aw of 0122, which sanctioned the dismantling of the tharavadu and the partition of property, 23,1GG families were partitioned. dismantling of the tharavadu and the partition of property, 23,1GG families were partitioned. +ules of matrilineal kinship were twisted and interpreted and adapted to political, economic and +ules of matrilineal kinship were twisted and interpreted and adapted to political, economic and legal exigencies.
legal exigencies. The
The Marumakkattayam Marumakkattayam system system is is not not very very common common in in /erala /erala these these days days for for many many moremore reasons. /erala society has become much more cosmopolitan and modern. Nair men seek )obs reasons. /erala society has become much more cosmopolitan and modern. Nair men seek )obs away from their hometown and take their wives and children along with them. #n this scenario, a away from their hometown and take their wives and children along with them. #n this scenario, a )ointAfamily system is not viable. &owever
)ointAfamily system is not viable. &owever, there are still a few tharavads that pay homage to this, there are still a few tharavads that pay homage to this system. #n some Nair families, the children carry the last name of their mother instead of the system. #n some Nair families, the children carry the last name of their mother instead of the father, and are considered part of the mother>s family, and not the father>s. Nairs connect to and father, and are considered part of the mother>s family, and not the father>s. Nairs connect to and trace their lineage to a tharavadu A not to a member of the family. Tharavadu names are $uite an trace their lineage to a tharavadu A not to a member of the family. Tharavadu names are $uite an important element of social reckoning A though decreasing in importance these days. The /erala important element of social reckoning A though decreasing in importance these days. The /erala rulers also followed the >Marumakkattayam>
rulers also followed the >Marumakkattayam> system.system. The
The /erala /erala 6egislature>s 6egislature>s abolition abolition of of matrilineal matrilineal kinship, kinship, which which varied varied enormously enormously acrossacross time and regions, was the culmination and a predictable conse$uence of two centuries of legal time and regions, was the culmination and a predictable conse$uence of two centuries of legal change and social reforms. @resently, matrilineal kinship occupies merely a shadowy and at change and social reforms. @resently, matrilineal kinship occupies merely a shadowy and at times nostalgic part of collective
times nostalgic part of collective /eralite memory./eralite memory. CA() 3A$(
CA() 3A$(
Munda Chett* 5 Timma6u Hensu7 MHCR -7 "-.89+80#7 p 0.:, Munda Chett* 5 Timma6u Hensu7 MHCR -7 "-.89+80#7 p 0.:,
#t
#t decidedecided d that, that, under under the the *liya*liyasantansantana a lawlaw, , no no compulcompulsory sory partipartition tion of of familfamily y properpropertyty K2CIL could be permitted he doctrine that all rights to property are derived through females is K2CIL could be permitted he doctrine that all rights to property are derived through females is more consistently carried out in anara than in Malabar. but with reference to the $uestion of more consistently carried out in anara than in Malabar. but with reference to the $uestion of partition among
partition among males males and and females, females, which which cannot cannot certainly certainly be be reconciled reconciled with with thethe principle
principle that that all all rights rights to to property property are are derived derived from, from, aud aud transmittedtransmitted tthhrroouugghh, , ffeemmaalleess. . ##t t mmaay y wweelll l bbe e tthhaat t a a mmaalle e mmaay y bbe e yyaa))aammaann, , tthhoouugghh h
he e mmaay y nnoot t bbe e ppeerrmmiitttteed d tto o iinnssiisst t oon n ppaarrttiittiioon n lleesst t tthhe e ffaammiilly y pprrooppeerrttyy m
maay y iin n ppaarrt t bbeeccoomme e hhiis s sseeppaarraatte e pprrooppeerrtty y lliiaabblle e tto o bbe e ddiivveerrtteed d ffrroom m tthhee ffaammiilly y bby y aalliieennaattiioonn, , aannd d eevveen n tthhe e pprrooppoossiittiioon n tthhaat t ffeemmaallees s aarre e tthhe e ssoollee proprietors
proprietors of of family family property property can can hardly hardly be be considered considered strictly strictly accurate.accurate. &
&oow w aarre e wwe e tthheen n tto o aaccccoouunnt t ffoor r tthhe e rriigghht t tto o mmaaiinntteennaanncce e vveessttiinng g iinn m
maallees s . . ##t t sseeeemms s tto o uus s tthhaat t iit t wwoouulld d bbe e mmoorre e ccoorrrreecct t tto o ssaay y tthhaat t tthhe e pprrooAA perty
perty vesta vesta in in the the whole whole family, family, consisting consisting of of males males as as well well as as females,females, tthhoouugghh, , ffrroom m tthhe e ffaacct t tthhaat t mmaarrrriiaagge e iis s nnoot t a a lleeggaal l iinnssttiittuuttiioonn, , iinnfflluueenncciinngg tthhe e ddeevvoolluuttiioon n oof f pprrooppeerrttyy, , aalll l rriigghhtts s aarre e ddeerriivveed d ffrroomm, , aannd d ttrraannssmmiitttteedd through,females. The rule practically
through,females. The rule practically settled the settled the custom and that, accordingly,custom and that, accordingly,the eldest member the eldest member o
of f tthhe e ffaammiillyy, , wwhheetthheerr m
maalle e oor r ffeemmaallee, , ccllaaiimmeed d tthhe e mmaannaaggeemmeenntt, , aannd d tthhaat t tthhe e rruulle e wwoouulld d nnoott h
haavve e ffoouunnd d sso o rreeaaddy y aan n aacccceeppttaanncce e ddiid d iit t nnoot t aaggrreeeed d wwiitth h ttnne e ccuussttoom m ooff tho people
tho people
Tirumlai !, Dhurma7
Tirumlai !, Dhurma7 @u)ari and others %second appeal =;= of 0;IG'. @u)ari and others %second appeal =;= of 0;IG'. #n
#n that that case case the the plaintiff plaintiff was was the the senior senior female female and and the the defendants defendants were were the the senior senior males,males, and the
of family proper
of family propertyty. The <istri. The <istrict Munsif held ct Munsif held that the sthat the senior femalenior female and e and tho senior male weretho senior male were entitled together to be ya)amans
entitled together to be ya)amans ac
accocorrdiding ng tto o tthe he ttrurue e unundedersrsttanandiding ng of of tthe he **lliyiyasasananttanana a lalaww, , tthe he rrigight ht of of acactutualal m
maannaaggeemmeennt t aannd d dd> > aalliinng g wwiitth h pprrooppeerrtty y iis s rreessiiddeennt t iinn, , aannd d eexxeerrcciisseed d bbyy,, the women in anara
the women in anaramaruma11ata*am la%;maruma11ata*am la%;
5ari1ara 5ada1e 5ittil 5ali*a 'ar!ati ! 5ari1ara 5ada1e 5ittil Kamaran &a*ar7 5ari1ara 5ada1e 5ittil 5ali*a 'ar!ati ! 5ari1ara 5ada1e 5ittil Kamaran &a*ar7
<istrict
<istrict :udge :udge of of North North Malabar Malabar in in 0;I;, 0;I;, a a woman woman and and her her son son claimed claimed maintenance maintenance fromfrom the kara
the karanavanavan. The claim incln. The claim included maiuded maintenntenance for ance for the wife and childthe wife and children of ren of the son. Thethe son. The defendant, the karanavan, pleaded that the plaintiffs were not entitled to maintenance as they had defendant, the karanavan, pleaded that the plaintiffs were not entitled to maintenance as they had declined to live in the house that he had allotted to them. The )udge went on to disallow declined to live in the house that he had allotted to them. The )udge went on to disallow maintenance to the wife and children of the son on the grounds that it was against the 4principles maintenance to the wife and children of the son on the grounds that it was against the 4principles of marumakkatayam law5, a point that was not even at issue .the Subordinate :udge, who did not of marumakkatayam law5, a point that was not even at issue .the Subordinate :udge, who did not take ob)ection to the inclusion of
take ob)ection to the inclusion of the son5s wifthe son5s wife and children, had e and children, had ruled in favour of the plaintiffs.ruled in favour of the plaintiffs. &e did so on the grounds that the house in $uestion was already occupied by 00 members and &e did so on the grounds that the house in $uestion was already occupied by 00 members and had no spare
had no spare
accommodation. The plaintiffs took the case to the
accommodation. The plaintiffs took the case to the &igh ourt, where the )udg&igh ourt, where the )udge remitted the casee remitted the case to the lower court for more information. 9n the basis of information received, the )udge held that to the lower court for more information. 9n the basis of information received, the )udge held that the claim was a proper one. #t was pointed out that even the first defendant did not ob)ect to the the claim was a proper one. #t was pointed out that even the first defendant did not ob)ect to the custom of wives and children of men
custom of wives and children of men living in the husband5sfather5s living in the husband5sfather5s taravads. &owever the courttaravads. &owever the court upheld this in the mode of an exception.
upheld this in the mode of an exception.
)rambapalli Korapen &a*ar ! )rambapalli Chenen &a*ar7 Regular Appeal no, -9: of )rambapalli Korapen &a*ar ! )rambapalli Chenen &a*ar7 Regular Appeal no, -9: of -.<:7 MHCR =7
-.<:7 MHCR =7 "-.<:+<-Ta
Targeting rgeting precisely precisely the the right right against against partition, partition, the the plaintiffs plaintiffs in in a a case case in in 0;IG 0;IG staked staked their their cla
claim im to to the the proproperperty ty of of anoanothether r tartaravad with avad with whom they whom they shashared red desdescencent. t. The defendThe defendantantss mai
maintaintained ned thathat t whiwhile le thethey y had had desdescencended ded frofrom m a a EcomEcommon stockmon stockF, F, thetheir ir tartaravaavad d and and thethe plaintiff5s
plaintiff5s were were distinct. distinct. !iven !iven the the way way matrilineal matrilineal law law was was developed developed with with the the emphasis emphasis onon deny
denying ing parpartittitionion, , a a decdecisiision on agaagainsinst t the the plaplaintintififf f coucould ld havhave e meanmeant t affaffirmirming ing parpartititiotion. n. #n#n denying the contention of the plaintiff, holding it to be a case where one of several branches had denying the contention of the plaintiff, holding it to be a case where one of several branches had become better off and another
become better off and another 'eru &a*ar
'eru &a*ar ! A*! A*appan &a*arappan &a*ar "y
"y the the 0;;Gs 0;;Gs suits suits for for maintenance maintenance were were more more successful successful indicating indicating not not so so much much a a changechange in the
in the provisprovisions of the ions of the law as law as the widening of the the widening of the scope of disputes, the ad)udicatscope of disputes, the ad)udication of ion of whichwhich pushed
pushed at at the the boundaries boundaries of of earlier earlier interpretations. interpretations. @leas @leas for for separate separate maintenance maintenance werewere successful as Erare exceptions as the karanavan has been the cause of $uarrels that necessitate successful as Erare exceptions as the karanavan has been the cause of $uarrels that necessitate the plaintiff leaving the family houseF. * )udgement in 0;;3 directed that members were entitled the plaintiff leaving the family houseF. * )udgement in 0;;3 directed that members were entitled to claim maintenance if there was no
to claim maintenance if there was no room for them in the taravad house.room for them in the taravad house.
5aran1ot &ara*anan &ambudiri ! 5arana1ot &ara*anan &ambudiri7 I3R 97 "-.<.+.-#7 5aran1ot &ara*anan &ambudiri ! 5arana1ot &ara*anan &ambudiri7 I3R 97 "-.<.+.-#7
Ta
Taking king the the presumption presumption infavour infavour of of men men a a step step further, further, in in matters matters such such as as sales sales of of taravadtaravad property,
property,where where there was there was an an adult anadult anandiravan andiravan his consent his consent was re$uired was re$uired evenwhen evenwhen the sale the sale waswas assented to by a female member a
assented to by a female member and was shown to befor taravad nd was shown to befor taravad necessity.necessity. )ra!anni Re!i!arman 5 Ittapu Re!i!arman7 I3R -7 "-.<8+<.#7
)ra!anni Re!i!arman 5 Ittapu Re!i!arman7 I3R -7 "-.<8+<.#7
Epersonto whom the karanavan had the closest resemblance is the father of a &indu Epersonto whom the karanavan had the closest resemblance is the father of a &indu familyF and that like the latter, his position as head of family comes to him by birthF. The familyF and that like the latter, his position as head of family comes to him by birthF. The karanavan5s Eoffice is not conferred by trust or contract but is the offspring of his natural karanavan5s Eoffice is not conferred by trust or contract but is the offspring of his natural conditionF. #n a suit brought by the younger of two adult males in a taravad to remove the elder, conditionF. #n a suit brought by the younger of two adult males in a taravad to remove the elder, who was karanavan, the latter5s conduct was found to be such as to warrant his removal
De!u ! De*i7 I3R .7 "-../#7 pp 0/.+8-, De!u ! De*i7 I3R .7 "-../#7 pp 0/.+8-,
Ouite
Ouite in in contrascontrast t to to the the Malabar Malabar case, case, the the &igh &igh ourt ourt on on appeal appeal overtoverturned urned the the SouthSouth anara <istri
anara <istrict ct )udge5)udge5s decision against s decision against managemmanagement ent by by malesmales. . TTwo women, wo women, <eyi and <eyi and *m*mmumu sought to remove <evu Shetty, the senior male, from his position as ye)amanan %karanavan' and sought to remove <evu Shetty, the senior male, from his position as ye)amanan %karanavan' and to recover property belonging to the family. The plaintiff claimed that the senior woman was the to recover property belonging to the family. The plaintiff claimed that the senior woman was the ye)amanan under aliyasantana law. Two $uestions were taken up for decision in the &ighourtD ye)amanan under aliyasantana law. Two $uestions were taken up for decision in the &ighourtD whether it was the senior male or female or only the senior femalethat is entitled to be the whether it was the senior male or female or only the senior femalethat is entitled to be the ye)
ye)amaamanan nan and and assassumiuming ng the the latlatter ter whetwhether her shesheis is ententitlitled ed to to coucountentermarmand nd a a karkarar ar %wr%writtittenen contra
contract'. ct'. The &iThe &igh ourgh ourt t )udges )udges conclconcluded thauded that the ft the first irst $uest$uestion was ion was stilstill res l res integrintegra buta but foundthat they were unable to concur with the <istrict :udge5s decision infavour of the plaintiff foundthat they were unable to concur with the <istrict :udge5s decision infavour of the plaintiff and particularly with his observation thatmanagement by males was detrimental to the interests and particularly with his observation thatmanagement by males was detrimental to the interests of the family andthat their natural instincts were in conflict with the duty, which theyowe to the of the family andthat their natural instincts were in conflict with the duty, which theyowe to the family
family
5ie%s And Criticism 5ie%s And Criticism
*fter
*fter studying studying the the two two systems systems it it can can be be viewed viewed that that these these systems systems were were part part of of very very fewfew of the traditional systems that gave women liberty, and right to property. (nder these systems, of the traditional systems that gave women liberty, and right to property. (nder these systems, women en)oyed respect, prestige and power. Since ancient time #ndia has been a male dominated women en)oyed respect, prestige and power. Since ancient time #ndia has been a male dominated country. *ll the systems and customs were formulated by men, like Narada, Manu, Pa)navalkya country. *ll the systems and customs were formulated by men, like Narada, Manu, Pa)navalkya etc. #f we study the &indu law we can easily derive the conclusion that that all laws were made etc. #f we study the &indu law we can easily derive the conclusion that that all laws were made as per convenience of the 4Man5. * woman has been given a subordinate place in our society as per convenience of the 4Man5. * woman has been given a subordinate place in our society since its inception. She had no right to inherit property and was confined to four walls of the since its inception. She had no right to inherit property and was confined to four walls of the house without any right to education to her. #n my view these laws were discriminatory and house without any right to education to her. #n my view these laws were discriminatory and biased in favor of 4Man5 since there inception.
biased in favor of 4Man5 since there inception. #n
#n this this environment, environment, these these two two systems systems proved proved to to be be a a soothing soothing air air for for the the women. women. TheseThese two systems prevelant in few parts of South #ndia gave women the basic rights and succession two systems prevelant in few parts of South #ndia gave women the basic rights and succession carried on through matrilineal system as oppsed to rest of the country. (nder these two systems carried on through matrilineal system as oppsed to rest of the country. (nder these two systems women had the rights, which were claimed by men in rest of the country. Throuh many studies it women had the rights, which were claimed by men in rest of the country. Throuh many studies it has been proved that women can manage house and property better than man. This has been has been proved that women can manage house and property better than man. This has been proved through the success of The Marumakkattayam and *
proved through the success of The Marumakkattayam and *liyasantana system.liyasantana system. "ut
"ut this this is is a a male male dominated dominated world world and and it it is is through through their their instinct instinct that that they they can5t can5t remainremain sub
subordordinainate te to to a a womwomen. en. So So thithis s conconceptception led ion led to to decldecline of ine of thethese se two systetwo systems througms throughh legislative enactments, which resulted in giving full fledged power and domination into the legislative enactments, which resulted in giving full fledged power and domination into the hands of man again. #n the guise of modernism and cosmopolitanism the Marumakkattayam and hands of man again. #n the guise of modernism and cosmopolitanism the Marumakkattayam and *liyasantana system were repealed in the fake name of development and unanimity with rest of *liyasantana system were repealed in the fake name of development and unanimity with rest of the country. There was intense social pressure from all corners of the society and as a result of the country. There was intense social pressure from all corners of the society and as a result of intense social pressure, legislative enactments sanctioned the claim to partition from the )oint intense social pressure, legislative enactments sanctioned the claim to partition from the )oint family and adopt Makkattayam system i.e. inheritance through male line, thus breaking away the family and adopt Makkattayam system i.e. inheritance through male line, thus breaking away the uni$ue historical systems of inheritance through female line.
uni$ue historical systems of inheritance through female line. Thus
Thus patriarchy patriarchy had had superseded superseded the the matriarchy. matriarchy. This This has has changed changed the the whole whole system system andand practice
practice and and The The /aranavan, /aranavan, who who has has lately lately taken taken over over from from the the female, female, is is entitled entitled to to the the fullfull possession
possession and and management management of of the the property. property. The The )unior )unior members members legally legally have have no no claim claim toto resi
residence and maintenancedence and maintenance. The /aranavan is not . The /aranavan is not accountaccountable to any able to any one member and he one member and he is notis not under obligation to support any member of the Tarawad %family'. Therefore now the male under obligation to support any member of the Tarawad %family'. Therefore now the male member en)oys autonomous right over the property and may exclude other on his whims and member en)oys autonomous right over the property and may exclude other on his whims and fancies.
