Khasi Inheritance of Property Bill, 2021

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In news-Recently, the Khasi Hills Autonomous District Council (KHADC), in Meghalaya announced that it would introduce the ‘Khasi Inheritance of Property Bill, 2021.

Key features of the bill

• It is aimed at “equitable distribution” of parental property among siblings(both male & Female) in the Khasi community. 
• Another provision would let parents decide who they want to will their property to.
• It prevents a sibling from getting parental property if they marry a non-Khasi and accept the spouse’s customs and culture.
• If implemented, the proposed Bill would modify an age-old customary practice of inheritance of the matrilineal Khasi tribe.

A note on matrilineal system  

• In this system, lineage and descent are traced through the mother’s clan. 
• It means children take the mother’s surname, the husband moves into his wife’s house, and the youngest daughter (khatduh) of the family is bequeathed the full share of the ancestral or the clan’s property.
• The khatduh becomes the “custodian” of the land, and assumes all responsibility associated with the land, including taking care of aged parents, unmarried or destitute siblings. 
• Custom also dictates that the khatduh cannot sell the property, without permission of her mother’s brother (maternal uncle) since he technically belongs to the mother’s clan, through which descent is traced.
• It applies only to ancestral or clan/community property, which has been with the family for years. 
• On the other hand, self-acquired property can be distributed equally among siblings.
• In this traditional set-up, if a couple does not have any daughters, then the property goes to the wife’s elder sister, and her daughters.
• If the wife does not have sisters, then the clan usually takes over the property.
• The three tribes of Meghalaya — Khasis, Jaintias, and Garos practise a matrilineal system of inheritance. 

Extra reading: https://journalsofindia.com/khasi-tribe/

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