Chapter II TARWAD AND ITS MANAGEMENT

The karnavan shall maintain a true and correct inventory of all the movable and immovable properties belonging to the tarwad.

The karnavan shall keep true and correct accounts of the income and expenditure of the tarwad.

1. (1) The inventory and the accounts of each year of the Malabar Era shall be available for inspection at the tarwad house by the major anandravans within six months of the Vrischikam following such year and the major anandravan may take copies of or extracts from such inventory or accounts.
2. (2) If the inventory or accounts are not made available for inspection as provided for in sub-section (1), the Court of a District Munsif having jurisdiction over the place where the tarwad house is situated, or where such house is situated outside the State of Tamil Nadu, the Court of a District Munsif having jurisdiction over the place where any property of the tarwad is situated may, on application by any major anandravan, and after notice to the karnavan, pass an order causing the inventory or accounts to be produced in court and allowing the anandravan to inspect, or to take copies of or extracts from, such inventory or accounts.

Every member of a tarwad whether living in the tarwad house or not, shall be entitled to maintenance consistent with the income and the circumstances of the tarwad.

Any surplus left out of the income of a tarwad after providing for the customary or legitimate expenses of the tarwad including charges pertaining to the education, marriage, or death of the member of the tarwad, and the charges necessary for zakat and the proper maintenance or upkeep of the tarwad properties, shall be applied, by the karnavan in the purchase of immovable property for the tarwad or otherwise invested to the best advantage of the tarwad.

1. (1) No sale or mortgage of any immovable property of a tarwad and no lease of any such property either for a premium returnable wholly or in part or for a period exceeding twelve years shall be valid, unless it is executed by the karnavan for consideration, for tarwad necessity or benefit, and with the written consent of the majority of the major members of the tarwad.
2. (2) No lease of any immovable property of a tarwad in cases not referred to in sub-section
3. (1) shall be valid unless it is executed by the karnavan and where the Malabar Tenancy Act, 1929, confers fixity of tenure on the lessee, unless also the written consent of the majority of the major members of the tarwad has been obtained to the lease.
4. (3) Nothing contained in sub-section
5. (1) or sub-section
6. (2) shall be deemed to affect the validity of any mortgage or lease executed on or before the date on which the Mappilla Marumakkattayam (Amendment) Act, 1954, comes into force, in accordance with the law in force at the time of such execution.

No debt contracted or mortgage without possession executed by a karnavan shall bind the tarwad unless the debt is contracted or the mortgage is executed for tarwad necessity.

No immovable property of the tarwad shall be liable to attachment or sale in execution of any decree obtained by an anandravan for maintenance, until after the decree-holder has exhausted his remedies, if any, against the personal property of the karnavan or the income of the tarwad property.

An anandravan may institute a suit in a civil court for the removal of a karnavan-

1. (i) for any malfeasance, misfeasance, breach of trust or neglect of duty in respect of the tarwad;
2. (ii) for any misappropriation or improper dealing with the income or the properties of the tarwad;
3. (iii) for unsoundness of mind or any physical or mental infirmity which unfits him for discharging the functions of a karnavan;
4. (iv) for persistent default in the maintenance of the inventory referred to in section 3 or the accounts referred to in section 4 or in making them available for inspection by the anandravans under section 5; or
5. (v) for any other sufficient cause which, in the opinion of the court, makes his continuance as karnavan injurious to the interest of the tarwad.

Any karnavan may, by a registered document, give up his right of management.