Hindu Law Assignment

In Bluebook
1. Main Cover page (Name, Batch, Roll No., Subject, Topic of the
Assignment
2. Acknowledgement n
3. Declaration by the student(With signature)
4. Table of Content
5. Body of the Assignment
6. Bibliography

Marumakkatayam and Aliyasantana Laws

Marumakkattayam Tradition
The Marumakkattayam tradition, deeply rooted in Kerala's cultural
landscape, represents a matrilinear system of inheritance that prevailed
in joint families. In this system, the household comprised the mother
and her children, holding joint rights in property. Unlike patrilinear
systems prevalent in many societies, lineage in Marumakkattayam was
traced through the female line. This matrilineal structure included
daughters and their children as integral members of the household,
enjoying both familial and property ownership rights. The
Marumakkattayam tradition extended its influence across a significant
section of society in Travancore-Cochin, as well as in the districts of
Malabar and South Kanara, particularly among non-Brahmin castes like
Nairs, Thyas, other cognate castes, and Payyannur Graman of North
Malabar.
Under the Marumakkattayam system, descent and succession to
property were exclusively traced through females. The term
"Marumakkattayam" itself implies inheritance by sisters' children,
emphasizing the importance of the maternal line in family and property
matters. Scholars widely agree that the matrilineal system is a direct
consequence of ancient polyandry practices, signifying uncertain
paternity. Historically, the origin of this system is attributed to
polyandry prevalent in ancient Malabar, particularly after the Chera-
Chola wars during the second Chera empire when Nairs suffered
significant losses.
In a Marumakkattayam family, known as a Tharavadu, the living
arrangement included the mother, her brothers, younger sisters, and
children. The eldest brother, designated as the karanavar, served as the
head of the household and managed the family estate. Lineage was
traced through the mother, and during partitions, the shares of the
children were combined with that of the mother. Interestingly, the
karnavar's property was inherited by nephews, not his own sons. The
past decade has witnessed a growing urge for change in these
traditional family customs, reflecting the evolving societal dynamics.
While the Marumakkattayam system is less common in contemporary
Kerala due to increased cosmopolitanism and modernization, some
Tharavads still uphold its principles. In certain Nair families, children
carry the last name of their mother, emphasizing their connection to
the maternal family. Despite social pressure and legislative enactments
allowing partition and adoption of the Makkattayam system
(inheritance through the male line), Marumakkattayam customs and
traditions persist, evident in the observance of customary ceremonies
and the retention of old family names and titles.
Aliyasanthana Tradition
The Aliyasanthana tradition, applicable in South Kanara, particularly
among the Bunts, Billawas, and non-Priestly class among the Jainas,
presents a distinct system of inheritance. Governed by the Aliyasantana
Act, this tradition gives prominence to the female line, granting
property rights to women and centralizing all rights on the lady. The
belief among the Bunts is that this tradition was inherited from King
Bhutala Pandya, who introduced the system in 77 A.D.
In the Aliyasanthana system, surnames often come from the mother's
side, and the name of the mother's ancestral house becomes a prefix or
suffix in one's name. This emphasis on the mother's side may be rooted
in historical roles, where women took responsibility during their
husbands' absence, potentially in the battlefield, and became decision-
makers. Maternal uncles are accorded more respect than paternal
uncles, further highlighting the significance of the mother's family.
The senior-most member, whether male or female, known as ejaman
or ejamanthi, respectively, is entitled to carry on family management.
Unlike the traditional restriction on partition in joint families, changes
introduced by the Marumakkattayam Act and Aliyasantana Act allow
members to separate from the joint family and claim partition. The
ascertainment of shares during partition is per capita rather than per
stripes.
In both Marumakkattayam and Aliyasantana systems, questions of
inheritance arise concerning individual property or the family of the
extinct tarwad. The self-acquired property of a male member, if not
disposed of during his lifetime, passes to the tarwad, forming part and
parcel of its property. While these traditions are influenced by historical
and cultural factors, their prevalence and significance have evolved
over time, reflecting the changing dynamics of Kerala's societal
structure.

CRITICAL ANALYSIS OF LEGAL FRAMEWORK

Critical Analysis
The Marumakkattayam and Aliyasantana systems, while sharing some
commonalities as matrilinear systems, differ significantly in the
administration of family management. In the Marumakkattayam
system, the senior-most male member (karnavan) holds the authority
to manage the family, with the senior-most female member
(karnavathi) assuming the role in the absence of male adult members.
Conversely, the Aliyasantana system entrusts family management to
the senior-most member, irrespective of gender.
One crucial distinction lies in the devolution of property. In the
Marumakkattayam system, the self-acquired property of a female
member descends to her Tavazhi, her own issues, and in default of
issues, it devolves to her mother and her descendants. For male
members, if the property is not disposed of during their lifetime, it
lapses to the tarwad (joint family). In the Aliyasantana system, there is
no gender-based distinction. Self-acquired property of a member goes
to the nearest branch, and when multiple branches exist in the same
degree of relationship, they inherit jointly.
Legal Framework
The legal framework governing the Marumakkattayam and
Aliyasantana systems has undergone modifications through legislative
enactments. These systems are primarily customary laws, and there are
no sacred writings binding their followers. Key statutory modifications
include the Malabar Marriage Act, 1896, Malabar Wills Act, 1896,
Madras Marumakkattayam Act, 1932, Mappilla Marumakkattayam Act,
1939, Madras Aliyasantana Act, 1949, and regulations of the State of
Travancore-Cochin.
Judicial decisions have played a role in shaping the legal landscape of
these systems. The Madras Marumakkattayam Act of 1932 outlined
preferential heirs for a male member, including his mother, widow, and
children. In the absence of these heirs, the property could devolve to
the tavazhi. Similarly, the Aliyasantana Act of 1949 provided for the
devolution of property in the absence of a valid will.
The Hindu Succession Bill initially aimed at reforming the succession
laws of Marumakkattayam and Aliyasantana systems. However, the
Hindu Succession Act of 1956 eventually replaced the original bill,
changing the succession rules under Section 17. It specified that the
rules applicable to Hindu males and females were also applicable to
Marumakkattayam and Aliyasantana systems, with certain
modifications.
Section 7 of the Hindu Succession Act, dealing with the devolution of
interest in the property of tarwad, repealed and replaced the laws of
intestate and testamentary succession for Marumakkattayam and
Aliyasantana systems. The rules for distribution among class I and class
II heirs were aligned with those applicable to other Hindus.
Furthermore, the Kerala Joint Hindu Family System (Abolition) Act,
1975, played a significant role in abolishing these systems based on
custom and usage. Section 7 of this Act nullified any existing text, rule,
interpretation, custom, or usage of Hindu Law, replacing them with the
provisions outlined in the Act. This act repealed several earlier acts,
including the Madras Marumakkathayam Act, 1933, and the Madras
Aliyasantana Act, 1949.
In essence, the legal framework has evolved over time, responding to
the needs of changing societal norms and values. The legislative
enactments have sought to bring about a more equitable and uniform
approach to succession, aligning Marumakkattayam and Aliyasantana
systems with broader Hindu succession laws.
In conclusion, the Marumakkattayam and Aliyasantana systems, deeply
embedded in Kerala's cultural fabric, have seen significant legal
modifications over the years. The transition from customary laws to
statutory enactments reflects a dynamic legal landscape, attempting to
balance tradition with evolving societal expectations.

Judicial Pronouncements
Case 1: Munda Chetty v. Timmaju Hensu, MHCR 1, (1862-63), p 380

Addressing Aliyasantana law, the court emphasized that no compulsory partition of family property
could be permitted. It raised questions about the compatibility of compulsory partition with the
principle that property rights originate through females. The court proposed an alternative perspective,
endorsing the prevailing custom where the eldest family member, whether male or female, claimed
management.

Case 2: Devu v. Deyi, ILR 8 (1885), pp 358-61

In this Aliyasantana case, the High Court overturned the decision of the District Judge. The dispute
involved the position of the yejamanan (‘karanavan'), with the court disagreeing with the view that
management by males was detrimental. This decision highlighted nuanced interpretations within the
framework of Aliyasantana law in South Kanara.

Suggestions
Marumakkattayam and Aliyasantana, rare frameworks granting women significant rights, offered a
departure from male-dominated norms. Despite studies showcasing women's adeptness at managing
households, legislative enactments driven by patriarchal influences led to their demise. The shift
towards the Makkattayam system, emphasizing inheritance through the male line, contributed to the
downfall of these progressive systems. The disappearance resulted not only from the systems
themselves but from selfishness and greed within matrilineal families, adversely impacting women's
rights.

In conclusion, Marumakkattayam and Aliyasantana, deeply embedded in Kerala's culture, have seen
significant legal modifications. The transition from customary laws to statutory enactments reflects a
dynamic legal landscape balancing tradition with evolving societal expectations. The disappearance of
these systems, once champions of women's rights, underscores the complex interplay of cultural, legal,
and societal influences.

Bibliography

https://www.legalserviceindia.com/articles/
mds.htm#google_vignette
https://www.scribd.com/document/334971822/marumakka-
aliasantana