A Khasi woman who marries and adopts the customs of her non-Khasi husband will lose the right of inheritance. This is according to a Bill introduced by the Chief Executive Member (CEM) Titosstar Well Chyne during the first day of the Khasi Hills Autonomous District Council (KHADC)’s autumn session on Monday in matrilineal Meghalaya.
“Whereas, it is expedient to make law on the custom pertaining to the Khasi inheritance of property, it is therefore considered necessary to enact this Bill for proper regulation and administration on Inheritance of Property among Khasi in Khasi Hills,” Chyne said in a statement of object and reasons.
The Khasi Hills Autonomous District (Khasi Inheritance of Property) Bill, 2021 says as far as practicable the property should be equitably distributed among all the children of the family, both male and female, provided that the house of the deceased parent shall be inherited by Ka Khun Khadduh (the youngest daughter) if she is not disqualified.
The Bill, however, says that a person will lose the right of inheritance if she/he has loss and deprivation of Khasi status as defined under the provision of the KHAD (Khasi Social Custom of Lineage) Act, 1997 and its rules framed thereunder.
“In case a Khasi woman, who has married to the non-Khasi and has adopted the custom of her non-Khasi husband (will lose the right of heritance),” it said.
It also added that the offspring of a Khasi woman who follows the custom of their non-Khasi father will also lose their right of inheritance.
The other offences include marriage against parental consent, disobedience of parental commands, marriage and commission of incest with a ‘kur’ (person of same matrilineal descent) or within the prohibited degree of kindred.
The Bill further states that the second wife will have no right to claim over the property of her husband, and her children will also have no right to the self-acquired property of their father acquired while he lived in the house of the first wife.
“Provided if the person has made a will or pynkam in favour of the second wife whom he either legally married or not and their children, they have every right to inherit the property given to them through that particular will or pynkam,” it says.
It also says that a female Khasi person who is adopted into a Khasi family through “Rap-iing” shall have the right to inherit the property as per the Khasi custom and under the provision of the Act and rules.
It will be lawful for any Khasi person who is competent to make a will or pynkam or family written declaration or family agreement to give property to the person adopted through “Rap-iing”.
The Bill further states that where there is no will or pynkam or family written declaration or family agreement made in accordance with the provisions of this Act, the prevailing Khasi custom in force shall prevail in respect of such properties.
Among the Wars (from the War region), the male and female get an equal share from the property of their parents, it says.
Regarding a lapduh family (parents without children), the Bill states that such a property will be inherited by way of a will or pynkam executed by the executor during his/her lifetime or a family declaration or family settlement executed during the lifetime of the owner of the property.
“Provided, in the absence of such will or pynkam or family declaration or family settlement, the most immediate family members shall inherit the property after the same has been mutually settled within the family in the presence of the Kni(s). As far as practicable, such property shall be equitably distributed amongst the most immediate family members,” it stated.
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