The revision petitioners are the legal heirs of the declarant in C.C. No. 611/1973 on the file of the Taluk Land Board, Alathur. It has been found by the Taluk Land Board that the father of the declarant died in the year 1942 leaving behind his widow and four minor children. The widow and two sons (the other two being daughters) executed a deed of partition (document No. 4/1965) amongst themselves. The widow was allotted thereunder 200 'paras' of paddy every year by each of the sons towards maintenance. Subsequently the mother executed a release deed (document No. 38/1978) and a revised partition deed (document No. 814/1978) was executed between the widow and two sons. The mother was allotted land in lieu of maintenance of 400 'paras' of paddy under the revised partition deed. The transactions aforestated clinch the fact that the widow was treated as a full owner atleast for the purpose of maintenance.
2. Such limited right of maintenance blossomed into a full right under Section 14(1) of the Hindu Succession Act, 1956. The transformation was by virtue of the following enactments.
(i) Hindu Women's right to property Act, 1937.
(ii) Hindu Married Women's Rights to Separate Residence and Maintenance Act, 1946.
(iii) Hindu Succession Act, 1956.
The law on the subject has been discussed in Chandrika Singh and another Vs. Sarjug Singh and another [(2006) 12 SCC 49].
3. None of the above salient aspects have been considered by the Taluk Land Board though directed in C.R.P. Nos. 2317, 2327, 2328, 2365 and 308 of 1981. The omission continued even after the order in C.R.P. No. 376/2001. The Taluk Land Board erred in holding that only the two sons (declarant and his brother) take the property in equal shares. The fact that their mother (widow) was also a sharer in terms of Section 14(1) of Hindu Succession Act, 1956 has been lost sight of.
4. The declarant has a case that his family comprised of five minor children apart from his wife. The five minor children who have attained majority are the revision petitioners herein. The petitioners contend that the ceiling area has therefore to be reckoned as per Section 82(1)(c) of the Kerala Land Reforms Act, 1963. The petitioners maintain that the ceiling area shall not be less than 12 and more than 20 acres in extent if the family has more than five members. This aspect of the matter has also escaped the attention of the Taluk Land Board.
5. Yet another aspect to be considered is the purchase of 4.64 acres of land by the son of the declarant (second petitioner).
It is stated that he obtained the property in different survey numbers under sale deed No. 2504/1974. The sale deed was executed by his uncle - brother of the declarant. Whether the property has already been accounted for in the ceiling case against the brother of the declarant has to be checked. Whether this property could be included in the account of the declarant is also a matter for probe. The Taluk Land Board has to consider this aspect also along with the other two aspects aforementioned.
6. The impugned order of the Taluk Land Board is set aside and the matter remitted for the limited purpose of considering the applicability of Section 82(1) (c) of the Kerala Land Reforms Act and also the inclusion of 4.64 acres covered by sale deed No. 2504/1974. The Taluk Land Board shall pass fresh orders within a period of four months from today. The parties shall appear before the Taluk Land Board, Alathur on 17.11.2014.
The Civil Revision Petition is disposed of.
ncd V. CHITAMBARESH JUDGE