Khasi Inheritance of Property Bill 2021 tabled in KHADC autumn session; here are the key provisions

SHILLONG:

The first day of the Khasi Hills Autonomous District Council (KHADC) autumn session on November 8 witnessed the introduction of the Khasi Inheritance of Property Bill, 2021, with room for certain provisions in the existing bill.

The Bill tabled by KHADC Chief Executive Member (CEM) Titosstarwell Chyne stated that the objective of the Bill is to streamline the distribution of ancestral and self-acquired property among the children of the Khasi community.

According to the Bill, a Khasi woman who marries and adopts the custom of her non-Khasi husband will lose the rights of property inheritance.

"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 Khasis in Khasi Hills," Chyne said in a statement of object and reasons.

The new Bill seeks to ensure equitable distribution of property among the children belonging to the Khasi community, without making changes in the already existing law, that states that the youngest daughter still has the rights to parental property.

The bill further states, "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 (youngest daughter) if she is not disqualified."

The Bill however said that a person shall lose the right of inheritance if she/he has lost and deprivation of Khasi status as defined under the provision of the KHADC (Khasi Social Custom of Lineage) Act, 1997 and its rules framed thereunder.

It also added 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 of the Bill include marriage against parental consent, disobedience of parental commands, marriage and commission of incest with a kur or within the prohibited degreed of kindred.

Among other things, the Bill further states that the second wife will have no right of claims over the property of her husband, and her children will also have no right to the self-acquired property of their father who acquired it while living in the house of his 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," the bill read.

It also said 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 this Act and Rules.

It shall 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 mentioned.

The Bill further stated that where there is no will or pynkam or family written declaration or family agreement is made in accordance with the provisions of this Act, the prevailing Khasi Custom in force shall prevail in respect of such property.

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 if she is not disqualified.

Among the Wars, the male and female get an equal share from the property of their parents, it added.

Regarding the Iapduh family, the Bill stated that such property shall 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.

Meanwhile, Chyne informed the Bill will be tabled again on November 10 for final deliberations and consideration.

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