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april 2006

Supreme Court of India · 2006-04-05

T. Madhava Kurup vs T.C. Madhava Kurup (D) By Lrs. & Ors

Citation / case number
AIR 2006 SUPREME COURT 1941
Court
Supreme Court of India
Petitioner
T. Madhava Kurup
Respondent
T.C. Madhava Kurup (D) By Lrs. & Ors
Author
B.P. Singh
Bench
B.P. Singh, Arun Kumar

Judgment text excerpt

The Supreme Court addressed the issue of property devolution in a Tavazhi after the death of the last female member, ruling that the properties devolved upon the last surviving male member as absolute property, rather than as co-owners among surviving male members. The Court held that the Tavazhi continued to exist until the last male member's death, at which point the properties did not pass to the heirs of pre-deceased members for partition. The High Court's decision to dismiss the partition suit was upheld, emphasizing the principle of survivorship in Tavazhi properties under Kerala law.

T. Madhava Kurup vs T.C. Madhava Kurup (D) By Lrs. & Ors · Niyam