Judgment :- 1. Taluk Land Board has directed the statutory family consisting of the revision petitioner and her minor children to surrender excess land determined as 3.82 acres. This order is now questioned. 2. It is submitted that the lands involved in the case originally belonged to late Ahamed, the husband of the revision petitioner. Be had three wives. The first wife reported to have died in 1956 leaving 13 children, six being minors as on 1-1-1970. The second wife, Isumma, is alive and has six children including five minors. The third wife is the revision petitioner and she has two minor children. There was a controversy regarding the date of death of Ahamed. The revision petitioner contended that he died on 15-12-1969. Authorised Officer reported that he seemed to have paid tax even after 1-1-1970 and accordingly the Taluk Land Board held that he died after 1-1-1970. It is submitted by learned counsel for the revision petitioner that the revision petitioner produced a certificate issued by the Executive Officer to show the correct date of death and this has not been considered by the Taluk Land Board However, I do not want to say anything about this aspect since I am satisfied that for another reason the matter has to go back. 3. Whether Ahamed died before or after 1-1-1970, all his legal representatives will inherit a share in the estate. This Court has held in C. R. Ps. 1586/1979 and 3056/.979 that when a member of a statutory family dies notice must go to all his legal representatives even if there are surviving members in the family. Since that has not been done in this case the case has to go back to enable the Taluk Land Board to issue notice to all the legal representatives Thereafter the Taluk Land Board should decide the date of death of Ahamed. 4. Taluk Land Board has treated Ahamed, his third wife and their two minor children as a statutory family.
4. Taluk Land Board has treated Ahamed, his third wife and their two minor children as a statutory family. In computing a statutory family only one wife could be treated as a member of the family though a person may have more than one wife As to what is to be done when a person has more than one wife living on 1-1-1970 is explained in Explanation I to S.82 of Kerala Act 1 of 1964 (for short'the Act') The Explanation states that for the purpose of this section, where a person has two or more legally wedded wives living, the husband, one of the wives named by him for the purpose and their unmarried minor children shall be deemed to be one family; and the other wife or each of the other wives and her unmarried minor children shall be deemed to be a separate family. The question will arise only if it is held that Ahamed was alive on 1-1-1970. Admittedly, the suo motu proceedings were initiated in 1976 long after his death. He had not filed a statement under S.85 or S.85A of the Act. Therefore, he had no opportunity to name one of the two wives living for the purpose of being treated as a member of the statutory family. Where the declarant or assessee dies without naming a wife it does not mean that the Taluk Land Board can at its discretion name either of the two wives as the member of the statutory family. If he could name one of the wives as contemplated in the Explanation during his lifetime, I think when he dies without an opportunity to so name one of the wives, the body of heirs could exercise his privilege under Explanation I. That is the only reasonable way of understanding Explanation I. If the entire body of the heirs or the majority of them suggest a particular wife as the person to be included in the statutory family Taluk Land Board will have to abide by that suggestion.
If the entire body of heirs or the majority of them do not name any particular wife than possibly the Taluk Land Board could take a decision by naming one of the wives for inclusion in the statutory family Since in this case notice has not gone to the entire body of heirs they had no opportunity to exercise their privilege under Explanation I, the case will have to go back to enable the Taluk Land Board to give notice to all the legal heirs. In the result, the order of the Taluk Land Board is remitted for fresh consideration by the Taluk Land Board in accordance with law and the observations contained above. Revision is allowed but without costs. Allowed.