The Mappilla Succession Act, 1918
The Mappilla Succession Act, 1918, Tamil Nadu Act No. I of 1918, was enacted with the assent of the Governor on 3 May 1918 and the Governor-General on 26 May 1918, and was published in the Fort St. George Gazette on 11 June 1918. It provides that certain property left without an effective will by Mappillas governed by Marumakkattayam or Aliyasantana inheritance law passes to their heirs under Muhammadan Law, and the supplied text records later wording substitutions and territorial extensions.
What the law governs
The Mappilla Succession Act, 1918 governs intestate succession for Mappillas who are subject to the Marumakkattayam or Aliyasantana Law of Inheritance. Intestate succession concerns property for which the deceased did not make a testamentary disposition capable of taking effect.
The law applies throughout Tamil Nadu. It covers:
- Mappillas domiciled in Tamil Nadu who are governed by Marumakkattayam or Aliyasantana inheritance law.
- Mappillas domiciled outside Tamil Nadu who are governed by either of those inheritance systems, but only in relation to immovable property situated in Tamil Nadu.
How property passes
The Mappilla Succession Act, 1918 requires the covered property to pass to the deceased person's heirs in the order and according to the rules of Muhammadan Law. This applies despite any custom to the contrary.
For the purpose of the law:
- A person dies intestate regarding property for which no testamentary disposition capable of taking effect was made.
- Property does not include tarwad property unless the deceased was exclusively entitled to that property.
- The succession rule concerns only people and property falling within the stated personal and territorial scope.
Why it may matter for property
The Mappilla Succession Act, 1918 may affect the ownership history of immovable property in Tamil Nadu when a covered Mappilla owner died without an effective will. A buyer, owner or professional may need to establish the deceased person's domicile, whether Marumakkattayam or Aliyasantana inheritance law applied, whether the property was individually owned or tarwad property, and who inherited under Muhammadan Law.
Later textual and territorial changes
The supplied text records wording substitutions made through Tamil Nadu adaptation orders. It also states that the law was extended to the merged State of Pudukkottai, and later to Kanyakumari district and the Shencottah taluk of Tirunelveli district.
Status of the supplied copy
PRS Legislative Research states that this copy is provided for information and has not been independently verified. PRS Legislative Research advises readers to consult the relevant state department, the latest government publication or the gazette notification for authoritative text, and to obtain professional and legal advice before acting.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Mappilla Succession Act, 1918 apply to every Mappilla in Tamil Nadu?
No. It applies to Mappillas governed by the Marumakkattayam or Aliyasantana Law of Inheritance and meeting the stated domicile or Tamil Nadu immovable property conditions.
Does the law apply to land in Tamil Nadu owned by a Mappilla living outside the state?
Yes, if the owner was governed by Marumakkattayam or Aliyasantana inheritance law. For a person domiciled outside Tamil Nadu, the law applies in respect of immovable property situated within Tamil Nadu.
What happens when a covered owner dies without an effective will?
The covered property passes to the heirs in the order and according to the rules of Muhammadan Law, despite any custom to the contrary.
Is tarwad property included in the intestate estate?
Tarwad property is excluded unless the person who died intestate was exclusively entitled to it.
