RAMACHANDRAN & ORS. versus VIJAYAN & ORS.

RAMACHANDRAN & ORS. versus VIJAYAN & ORS.

Where property on partition is allotted to a thavazhi (a multi-member branch consisting of a female and her children/descendants), the property retains tharwad character and enures to members of that thavazhi; however, as a general rule a single female who at the time of partition has no descendants holds the allotted share as her separate property (minority view in Mary Cheriyan upheld on point of law), and the Supreme Court will apply that rule prospectively; concurrent factual findings that the disputed properties were received by a thavazhi and thus are tharwad property are not disturbed.

Parties
Appellant: Ramachandran & Ors.; Respondent: Vijayan & Ors.
Jurisdiction
India
Judgment Date
22 November 2024
Procedural Posture
Civil Appeal / Appeal From Judgment Dated 27.08.2009 of the High Court of Kerala in as No.563 of 1999; Judgment of Supreme Court Dated 22 November 2024
Legal Topics
Tharwad, Thavazhi, Partition, Marumakkathayee Female Rights, Mortgage Deed, Concurrent Findings of Fact, Prospective Application of Law
Marumakkathayam Customary Law Property Law Succession and Inheritance Law Constitutional Law (article 136) Tharwad Thavazhi Partition Marumakkathayee Female Rights +3 more

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Parties

Ramachandran & Ors.

Appellant

Vijayan & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment Dated 27.08.2009 of the High Court of Kerala in as No.563 of 1999; Judgment of Supreme Court Dated 22 November 2024

Legal Issues

  1. 1 Whether the property obtained by a female and her children after partition would be considered their separate property or would it belong to her tharwad?
  2. 2 Whether, in the present facts, Parvathy Amma had the legal right to transfer the entire property of her son to her daughter-in-law and grandchildren by way of a mortgage deed or was her right only limited to one-sixth of the property?

Ratio Decidendi

Where property on partition is allotted to a thavazhi (a multi-member branch consisting of a female and her children/descendants), the property retains tharwad character and enures to members of that thavazhi; however, as a general rule a single female who at the time of partition has no descendants holds the allotted share as her separate property (minority view in Mary Cheriyan upheld on point of law), and the Supreme Court will apply that rule prospectively; concurrent factual findings that the disputed properties were received by a thavazhi and thus are tharwad property are not disturbed.