SHILLONG, Oct 29: KHADC Chief Executive Member, Titosstarwell Chyne on Friday clarified that the objective of the Khasi Hills Autonomous District Khasi Inheritance of Property Bill, 2021 is not to enforce equal distribution of parental property among siblings, both male and female.
“The objective of this bill has been misunderstood. It is not mandatory that all the children will get equal share of the parental property. It depends on the will of the parents to decide who will be the genuine heir of the property,” Chyne told The Shillong Times on Friday.
It may be mentioned that the practice in Khasi matrilineal society is that parental property has traditionally gone to the youngest daughter.
Chyne said that there is no disagreement with the ongoing practice that the youngest daughter inherits parental property and is also its custodian but there are parents who give a share to all the siblings. “There won’t be any problem if the youngest daughter does not object,” the KHADC CEM said.
Absence of a law on the inheritance of parental property leads to ambiguities where there can be objections and contests in the court of law in case parents decide to equally share the property, the KHADC CEM said.
According to him, there are certain cases where the elder siblings are locked in a legal battle with the youngest sister.
“This legislation will protect the will of the parents who want to equally distribute the share of parental property with all their siblings,” Chyne added.
The CEM also said that they had also inserted a clause in the Bill where children who get married to non-tribals and adopt the culture and tradition of their spouses will not get any share of the property.
When asked if the Council was trying to impose its diktat by inserting such a clause, Chyne said the members of the Council can deliberate on this issue once the Bill is tabled in the House during the re-assembled autumn session on November 8.
“We have no problems in removing this clause if there are objections from majority of the members of the House,” Chyne said.
The KHADC chief said they have inserted another clause in the Bill which states that the youngest daughter cannot claim to be the legal heir of the property if she does not take care of her parents.
Chyne said that if there are siblings who are all females and all are taking care of their parents it will not be justified that only the youngest one should inherit the property.
He made it clear that parents can decide as per their will to make their sons the legal heirs of the property if they do not have any daughter/s.
He pointed out that there have been instances where the clans have snatched away such properties from the sons once both the parents pass away.
The KHADC CEM also mentioned that as per the Bill, the will regarding the share of parental property will have to be signed by the parents in the presence of the uncle and the Rangbah Shnong, adding that the agreement will also have to be certified by the Hima.
“It will become a legal document once the KHADC Executive Committee approves it,” he said.
Earlier, the KHADC CEM had stated that by leaving the male out of the family inheritance a certain kind of desperation and frustration has arisen among them, apart from a sense of being discriminated, adding that the Khasi males feel that there is no place for them in their parental home.
Chyne also said that the passage of this Bill is to empower the Khasi male in case they need to take bank loans so that they can pledge their land/inheritance as collateral.