Alienation, Impartible Estate, Proprietor of an Impartible Estate

An Act to declare that certain 3estates are
lmpartible and that the proprietors of such estates
cannot exercise unrestricted powers of alienation
in respect thereof.
WHEREASit is expedient to amend the law in regard
to the impartibility and inalienability of certain
estates; It is hereby enacted as follows :-
i. (1) This Act may be called tlte[Tamil NaduJ Short title.
Impartible Estates Act, 1904.
(2) It extends to the whole of the4[State of Tamil E&,$. Nadu] 6[ # 1. 1These words were aubstitutedfor the word “Madras” by the Tamil Nadu Adaptation of Lam Order, 1969, aa amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which oeme into forceon the 14thJanuary 1969. P For Statement rof Objeots and Reasons, aee Fort. 88.George Gaze$&, 1903, Part IV, p. 343; for Report of the Select Committee see 82,Pert IV, p. 383; and for Proceedings in Council, see aid, 1903, Part IV, p. 364; end aid, 1904, Pert IV,p. 49. ThisAot will oease to be in fom in estates notified under the Famil Nadu Estates (Abolition and Conversion into Ryotwasi) Act, 1948(Tamil Nadu Act XXVIof 1948) by virtue of section 66 of qh83 Aoti This Act ahall be deemed to have been re ealed in its applioatio to the inam estate with effeot on and from tge notifled date, if tha estate had been governed by this Act immediately before that dat by virtue of section 74 of the Tamil Nadu Inam Estah (Abolitio and Conversion into Ryotwari) Act. 1963 (Tamil Nadu Act 26 o 1963). s Bee alsothe Tamil Nadu Act IXof 1930; Tamil Nadu Act IXo 1933. a Thie expreaaion waa substitutedfor the ex reesion “Presidenay of the Tamil Nadu Adaptation ot~awaOrder, 1910,
which waedeemed tohaveoomeintoforoe on the 14thJanuary 1960.
6 The words “except the diatricta of Mdabar and South
rate omitted by the Madras Adaptation of Laws Ordm
Impartible Estates . [1904: T.N. Act I1
(3) On this Act coming into force, the
Madras Madras
Act II of
Impartible Estates Act, 1902, and the Madras Impart- 1902.
tible Estates Act Continuance Act, 1903, shall be Madras

  1. In this Act, unlcss there is something repugnant
    in thebubject or context,-
    ~ct 1903.I1 of
    such asa mortgage or a lease.
    “Aliens- (1) “Alienation” include8 & temporary transfer
    dible toa single huir and subject tothe otherinoidentg
    of impartible estates in Southern India.
    *’Impartible (2) “Impartible estate” means an estate descen-
    ‘ of an im-
    uPropriet~r (3) “Proprietor of an impartible estate” means
    the Collector ; .
    the person entitled to possession thereof as single heir
    under the special custom of tlio family or locality in
    which the estate is situated or if there be no such
    family or local custom under the general custom
    regulating the succession to impartible estates in
    Southern India.
    l[For the purposes of clause (c)of sub-section (2) of
    section 4 and of sub.section (3) of th:~tsection,
    (1) any permanently settled estate, whether a
    Zamindari, Jaghir, Mitta or Palaiyam ;
    (2) any portion of auch permanently settled estate,

wliich has becn separately rcgistered in tho office of

.(4) any inam village of which the grant was made
or confirmed by the ‘[ ] Government ;or
(5) any portion consisting of one or more villages,
of any of the estates specified above in c1auc.e~(I), (2)
and (3), which isheld on a permanent under-tenure.]
1The paragraph within square brackets was added by
seotion 2 of the Madras Impartible Estates (Amendment, Act,
1934 (MadrasAct 111of 1934).
2 Ths word “British” was omitted the Adaptation
(Amendment) Order of 1950.190.4 : T.N. Act 111 Impa?.tib!e Estates

  1. T cstates illollided in the Solrrdl le shall be
    dce .cdto be impartible cstates.
  2. (1) The proprietor of 4Ln impartible ( stite shal
    be incapable of alienatiiig 0).binding by his debts,
    such e tat? or any part thsr~tof beyond his own life
    time unl .ss t,he alienati n hall bc made, or the debt
    incurred, under oircumatances which wonlri cntitlo the
    managing me:nbcr of A joint Hindu family, n t being
    tho f;:,ther or grandfather of tho other co-parc nem, to
    make an a lienalion of the jo’nt property, or incur a
    debt, binding on the sharos of thc other co-parcc:ners
    indepericlently of their consont.
    (2) In partimbr and witiiout prejudice to the
    generality of *he forego’ng provisions, the j)roprietor
    of animpartibdesta~teis heroby cxprosslv nuthf,rized-
    (a) to pant aites for public ohnritnhle ard
    public religious institutions;
    (b)togrant rnking or quarrying leases for terms
    not exceeding sixty years and leases of the pannai or
    home farm lands for terms not exceeding fifteen
    years, provided that every ~uchlease-
    (i) shall be by registered deed and shall be
    made totake effectin possession riot later than twelve
    mont,bafter its date.

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