Validity of sales, mortgages and leases

General193927 sections4 chapters

Chapter II TARWAD AND ITS MANAGEMENT

Statutory text

(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) No lease of any immovable property of a tarwad in cases not referred to in sub-section
(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.
(3) Nothing contained in sub-section
(1) or sub-section
(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.

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