The Illusion Of Matriarchy- Understanding The Place Of Women In Inheritance Laws
- IJLLR Journal
- 28 minutes ago
- 2 min read
Gauri Nandakumar Varma, O.P. Jindal Global Law School
A SYSTEM WHERE PROPERTY FLOWS THROUGH WOMEN - INTRODUCTION
The law of succession, or inheritance law, is integral to a nation's legal framework and varies across jurisdictions. In India, multiple succession laws reflect its diverse customs and traditions. Among these, the Marumakkathayam and Aliyasantana systems, historically practiced in Travancore-Cochin, Malabar, and South Kanara, were matrilineal, with inheritance and lineage traced through the maternal line. This contrasts with the globally predominant patriarchal lineage system.
Marumakkathayam dictated that property and lineage passed through a person's sister’s children, with nephews and nieces inheriting instead of direct descendants. In this system, a maternal uncle, rather than the father, was the legal guardian. Predominantly followed by the Nair community in Kerala, it is believed to have emerged due to Nair men’s engagement in warfare and possibly the prevalence of polyandry in ancient times. Codified under the Madras Marumakkathayam Act 1932, its legal recognition was affirmed in K. K. Kochuni v. States of Madras and Kerala, where the Supreme Court outlined its key features. The tarwad, the joint family unit, comprised a mother, her children, and their descendants. The Sthanee or Karnavan, usually the senior-most male, controlled the Sthanam, an impartible property distinct from tarwad assets. While succession followed a defined hierarchy, a female could assume the role in the absence of an eligible male.
Despite its matrilineal nature, the Marumakkathayam system remained patriarchal, as decisionmaking authority rested largely with men. This male-dominated structure led to its abolition under the Kerala Joint Hindu Family (Abolition) Act, after which the Hindu Succession Act became the governing law.
This paper examines whether the Marumakkathayam system, despite its matrilineal structure, reinforced patriarchal dominance and briefly assesses whether the HSA effectively advanced gender equality in inheritance laws.
