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Susanna Ramoorthy (HR Generalist)     13 July 2013

Abolition of kerala joint family (ancestral property ) 1975


I have posted a question a few weeks back regarding the same subject, but unfortunate to say i haven't got a reply for tht. pls , be kind enough to give me some information regarding this:

Kerala Hindu Joint Family Act 1975 (Abolition)

I am a divorcee, I have a 3 year old daughter...My ex husband doen't possess any property, during the divorce period my ex Father in law made all the property in his name, so presently my ex- hus has nil properties...

1. My Ex Father in law got the property from his father (i.e my childs great grand pa), i dnt know when the partition has taken place, bcoz one of the lawyers said to me if the partition has happened before 1975 only, (as i am a Keralite) my daughter is eligible for the ancestral property.

2. Ex FIL dosnt have any plans to write back the property in his son's (my ex hus) name as hez afraid tht i might file a case for the property.

I am so worried, as i am not from a rich family, i am afraid tht my daughter might not get anything from her father's side, as my ex in lawa are very cunning.

From the above details, Is my daughter eligible for the Ancestral property, i had spoken to 2-3 lawyer's , but they are giving me different opinions, so i am really confused as wat to do !!


Please give me an advice in this matter!!!



 2 Replies

Dr. Jyothi Vishwanath (Associate Professor of Law)     13 July 2013

Concept of joint family has been abolished in 1975 in Kerala. So your advocate has rightly said that only if partition has taken place before 1975, your daughter is entitled to a share in the ancestral property.

1 Like

Susanna Ramoorthy (HR Generalist)     14 July 2013

Thankx Dr. Jyothi!!

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