Impartible Inam Estates

In the case of an impartible inam estate which had a joint Hindu family, the Tribunal shall, in order to determine the aggregate compensation for the following persons, considered as a unit, namely, the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in existence on the notified date (who are hereinafter called "the sharers"), and (b) other persons who, immediately before the notified date were entitled to maintenance out of the estate and its income either under section 9 or 32 of the Tamil Nadu Impartible Estates Act, 1904 (Tamil Nadu Act 2 of 1904), or under any decree or order of a Court, award, or other instrument in writing or contract or family arrangement which is binding on the principal landholder (who are hereinafter called "maintenance-holders") : Provided that no such maintenance-holder shall be entitled to any portion of the aggregate compensation aforesaid, if, before the notified date, his claim for maintenance or the claim of his branch of the family for maintenance, has been settled or discharged in full. (3) The Tribunal shall next determine which creditors, if any, are lawfully entitled to have their debts paid from and out of the assets of the impartible inam estate and the amount to which each of them is so entitled; and only the remainder of the aggregate compensation shall be divisible among the sharers and maintenance-holders as hereinafter provided. (4) The portion of the aggregate compensation aforesaid payable to the maintenance-holders shall be determined by the Tribunal and notwithstanding any arrangement already made in respect of maintenance whether by a decree or order of a Court, award or other instrument in writing or contract or family arrangement, such portion shall not exceed one-fifth of the remainder referred to in sub-section (3), except in the case referred to in the second proviso to sub-section (2) of section 42. (5) (a) The Tribunal shall, in determining the amount of compensation payable to the maintenance holders and apportioning the same among them, have regard, as far as possible, to the following considerations, namely :- (i) the compensation payable in respect of the inam estate; (ii) the number of persons to be maintained out of that estate; (iii) the nearness of relationship of the person claiming to be maintained; (iv) the other sources of income of the claimant; and (v) the circumstances of the family of the claimant. For the purpose of securing that any maintenance-holder may receive his share of the compensation in land instead of in money, the Tribunal may, in lieu of all or any portion of the money compensation payable to him, allot to him such lands in respect of which ryotwari patta may be granted under section 9, as the Tribunal may consider proper: Provided that the total extent of the lands granted to all such maintenance-holders shall not exceed one-fifth of the extent of the lands in respect of which ryotwari patta may be granted under section 9: Provided further that where it is found to be inconvenient or impracticable to grant any such lands, or to grant any such lands to the full extent to which the maintenance-holder may be regarded as entitled, whether on the ground that such a grant will result in the creation of an uneconomic holding or for any other reason, the share of the compensation awarded to the maintenance-holder may be increased by such amount as the Tribunal may consider reasonable. (3) The lands in respect of which ryotwari patta may be granted under section 9, after excluding any lands which may be granted to maintenance-holders under sub-section (2), shall be divided among the sharers, as if they owned such lands, as a joint Hindu family and a partition thereof had been effected among them on the notified date.