HUF - Aliyasantana Law

There are two major schools of law as far as HUF is concerned i.e., the Mitakshara law and the Dayabhaga Law.

However in some parts of the Country in the Southern India, there are other schools of law also prevailing and the same also merits attention.

The gist of such laws with the communities in which they are prevailing is outlined herein below:

Section 3(1) (b) of the Hindu Succession Act, 1956 defines “Aliyasantana law” as the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Aliyasantana Act, 1949, or by the customary Aliyasantana law with respect to the matter for which provision is made in this Act.

Aliyasantana law is a law wherein the law of inheritance is through the females as against males in the Mitakshara Law. This law is prevalent in some communities of Karnataka and Kerala along the coastal belts. The joint Hindu family under this law is also known as Tarwad and the Karta under this law is known as “karnavan”.

Section 7(2) of the Hindu Succession Act, 1956 also states as follows:

When a Hindu to whom the Aliyasantana 1aw would have applied if this Act had not been passed, dies after the commencement of this Act, having at the time of his or her death an undivided interest in the property of a Kutumba or Kavaru, as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the Aliyasantana law.
 
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