Friday, July 27, 2012

Coorg Law of Inheritance

The following paras detail the prescriptive law of inheritance as followed by Coorg houses. Note that these laws have been captured by Lewis Rice in the 19th century. They may have undergone changes and hence everyone is welcome to leave comments which identify noticeable deviations.

Sons, grandsons, brothers, brothers' sons, daughters, daughters' sons, cousins, and adopted sons have the right of succession to inherit property successively, in the order here mentioned. Property, in default of offspring, on the death of a man devolves on his widow; if he leaves a son under age, the widow is his guardian, and takes possession of the property. If the deceased leaves neither wife nor sons, but a grandson and a brother, or a brother's son, the property is divided, provided the family be undivided; but if it be divided the grandson takes possession of the whole property. The law of primogeniture, however, now prevails and division is strictly prohibited.

If the deceased leaves neither wife, nor children, nor grandsons, the property devolves on his brother or his brother's sons, if any, as the nearest relations. In cases where the deceased has left neither wife nor sons nor brothers, but a daughter not married, the relations of the family put her in possession of the property, and dispose of her in marriage, and on her death her husband or her sons inherit it. But if a man dies leaving a daughter not married, and a brother's son or a grandson, the family being undivided, the property used to be liable to a division. In failure of the preceding persons, the property used sometimes to descend to the cousins, and sometimes not, as the Government determined. In cases where the deceased leaves a son under age without relatives to protect him, the Government appoints the head of the village to act as guardian to the boy and to take charge of his patrimony until he attains his majority, which ranges from 16 to 20 years according to the maturity of judgment shown by the individual, when he puts his ward in possession of it, and renders him an account of receipts and disbursements during the period of his nonage.

If the deceased has left no children, the widow adopts a child of her relations, if procurable, or otherwise of her tribe, and he succeeds to the property on his attainment of the proper age, provided he has been adopted formally and according to the usage of the clan.

Source: Mysore and Coorg, Vol. III by Lewis Rice

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