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Hereditary Laws
The laws of heredity differ from area to area. The hereditary rights pass
direct from the father to the son or sons. In case of there being more than one
wife, children of all the wives may claim an equal share. If some one has no
son, his property is shared equally by the daughters. If the daughter dies
issueless, the property then passes on to the father's relatives.
In Spiti the customs are a little different. There the family system is
called Jethansi. As the eldest son gets married, he shall become the head of the
house and the father shall retire to a smaller house. The eldest son then comes
to be known as Rambagchepa and the retired father as Ravangechugpa. The father
gets a small plot of land to live by and the younger sons join a monastery. In
case the eldest son produces no male heirs, the younger brother may become the
head and shoulder the family responsibilities. The land in the area is thus
prevented from getting sub divided. In case none of the sons produces a son,
the daughter of the house is then married to a man who agrees to come and live
in his father-in-law's house and carry on the family traditions. Such a
son-in-law is known as Makpa. If the girl dies, or does not have children, the
husband may then marry a cousin of hers who then stands to inherit the property.
In Kinnaur and Mahasu many families follow the system of polyandry. In such
families when the husband dies, the wife as also property, passes to the next
brother and after him the right of property then reverts back to the sons.
Illegitimate children or children born of a widow or an unmarried girl have no
property rights. They are known as Poltu or Chukandu. Earlier they were used by
families as domestic servants and in exchange for their services a small plot of
land was given to them. Now they have legal protection against such exploitation
and if they can establish their paternity, they can inherit a share of the
paternal property.
Some
areas follow the customs of Jethand, Paghand and Chundband. In Jethand the
eldest son inherits a larger share of the property plus a larger share of
his family debts. In Chundaband system all the sons of the various wives
have equal share in the paternal property. In Paghand system the property shall
first be distributed among the daughter and then among the sons. This custom is
prevalent among the Gaddis. Among the Rajputs there existed a system known as
Daya Bhag (the rightful position). In this, the eldest son stands to inherit a
special portion in addition to his other share by virtue of being the
eldest son.
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