SHILLONG, Nov 8: The Khasi Hills Autonomous District Khasi Inheritance of Property Bill, 2021 — that seeks to amend the age-old tradition of the Khasis wherein the youngest daughter inherits the parental property — was tabled by KHADC Chief Executive Member, Titosstarwell Chyne on the first day of the three-day reassembled autumn session of the Council on Monday.
The bill will be taken up for discussion on Wednesday.
If passed, the legislation will permit equal distribution of parental property among all siblings – both male and female – if the parents desire so.
The bill also seeks to disinherit a Khasi woman, who has married a non-Khasi and has adopted the custom and tradition of her non-Khasi husband, from inheriting the entire property or a share of the property.
Tabling the bill, Chyne said that its objective is to streamline the distribution of both ancestral and self-acquired property. He pointed out that there has been debate on social media ever since the Council announced that it would table the bill.
In matters relating to self-acquired property, the KHADC CEM said that the parents by way of a will can nominate from among the siblings the legal heirs of the self-acquired immovable property (land or houses).
“The objective of this bill is to ensure that parents are free to decide who amongst their children will inherit the self-acquired property. In the past, parents were forced to part with all the immovable property (land or houses) in favour of the youngest daughter or only to the daughters as per the traditional custom and practice,” Chyne said.
Chyne said once the bill is passed the wishes of the parents along with the consent of the whole family will enable the parents to give a share of self-acquired property even to the sons.
“The will and wishes of the parents were suppressed in the past. But through this bill the parents are free to equally distribute the share of self-acquired property to all their sibling,” Chyne said adding that as per the bill, the youngest daughter who does not take care of the parents cannot claim to be legal heir of the property.
Chyne had said that if there are siblings who are all females and are taking care of their parents it will not be justified if only the youngest daughter inherits the entire property.
According to him, there are instances where the clans have snatched away such properties from the sons once both the parents pass away.
“But now the parents will feel safe and secure that they have already decided to give a share of their self-acquired property to their sons by way of a will,” he said.
The KHADC CEM said that the litigation among the siblings and families over the self-acquired property will reduce since the parents will have already declared their will.
As far as ancestral property is concerned, Chyne said that the will or a written family declaration on the share of the ancestral property will have to be signed by the parents in the presence of the maternal uncle.
He also said that a person shall lose the right of inheritance if he/she has lost and is deprived of the Khasi status as defined under the Provision of the Khasi Hills Autonomous District (Khasi Social Custom of Lineage) Act, 1997.
Earlier, Congress MDC from Mawhati, Charles Marngar said that the bill needs wider consultations since it relates to the traditional practice and customs which were practiced from time immemorial.
The bill has also been widely discussed by different civil society groups and women’s groups who feel that a larger discussion is called for before the bill is passed.