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april 2006

Supreme Court of India · 2006-04-05

T. MADHAVA KURUP vs T.C. MADHAVA KURUP (D) BY LRS. .

Citation / case number
SC 2002/63245
Court
Supreme Court of India
Petitioner
T. MADHAVA KURUP
Respondent
T.C. MADHAVA KURUP (D) BY LRS. .
Author
B.P. SINGH
Bench
ARUN KUMAR B.P. SINGH

Judgment text excerpt

The Supreme Court held that upon the death of the last female member of a Tavazhi, the properties devolved upon the last surviving male member as absolute property, rather than as co-owners among the surviving male members. The Court affirmed the High Court's decision that the heirs of a pre-deceased male member could not maintain a suit for partition, as they had no rights in the properties. This ruling clarifies the nature of property rights in Tavazhi systems under Hindu law, emphasizing the principle of survivorship over inheritance in such contexts.

T. MADHAVA KURUP vs T.C. MADHAVA KURUP (D) BY LRS. . · Niyam