RIWAZE AAM
ROSHAN LAL THAKUR
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The Riwaz-e-Aam (Tribal Custom) of Kulu Sub Division was first drawn up in 1868 by the then Settlement Officer, Sir James Lyall. This contained a set of 25 questions, answers to which were neither comprehensive, nor supported by actual examples. So the Govt. was moved for holding a fresh enquiry under para 565 of the Punjab Settlement Manual in various customs. Government sanctioned a fresh enquiry accordingly vide Secretary to the Finance Commissioner’s Memo No. 111-R, Dated the 27th Jan. 1948.
An Exhaustive questionnaire comprising of 139 questions was drawn up in consultation with the members of Bar and leadind persons of the Sub Division from all tribes.This was set as a code for making village to village inquiries. The Settlement Tehsildar, Tehsildar Mahal Kulu, and Naib Tehsildars, Seraj and Lahul conducted inquiries and the answers recorded by them were then verified by Sh. Bachittar singh Assistant settlement Officer Kulu. He held two big meetings one at Kulu and other at Banjar where leading representatives of all the places and all the tribes and members of Bar were present. All the answers already recorded were verified and corrected where necessary
This fresh compilation of Riwaz-e-aam constitutes of 124 questions and the examples quoted in support of answers have been supplied by the Settlement and the Mahal Tehsildars. The President of Bar Association, Dharamsala and Kulu, were addressed to give the list of High Court Rulings on various customs, but unfortunately, they were unable to supply such a list. It is therefore, regretted that it has not been possible to quote High Court Ruling, if there is any, in the Riwaz-e-Aam.
The vernacular copies of Riwaz-e-Aam have been supplied to the High Court, and the courts of the District and Session Judge, Hoshiarpur, and Senior Sub Judge, Dharamsala,in accordance with para 565of the Settlement Manual.
Betrothal
Question 1 : Who can make contract of betrothal ?
i. Who can make the contract betrothal for-
a. an Adult ?
b. A minor ?
ii. In the absence of parents or guardians what relation can enter in to contracts of betrothal and in which order ?
iii. Has a minor the power to repudiate a betrothal on attaining majority ?
Answer All the tribes reply that the general custom is that-
i. The parents of an adult or minor contract his/her
betrothal.
ii. In the absence of parents, the adult enters into the
contract of the betrothal himself or herself, or the
nearest relation in this order; brother grandfather,
uncle, maternal uncle, maternal grandfather, grand-
mother, and in their absence collaterals of the
nearest degree. In the case of a minor the betrothal
is entered into by the relations given in the above
order.
iii. Yes, a minor on attaining the age of maturity can repudiate the betrothal in the whole of Sub Division except in Lahul area. In Seraj and Spiti Waziri, if repudiation of betrothal is made, payment of compensation in cash or in form of grain or land, etc. has to be made to the other party.
Instances: Chharing Tandan, son of Tobge Namgial Rajput of village Rangzik, Kothi Totpa, repudiated his betrothal with Mst.Robo, daughter of Sonam Chhetan, caste Rajput, and transferred one Bigha of land as compensation.
Exceptions: In Lahul area such betrothals cannot be annulled.
Question 2: Formalities of Betrothal- What formalities are observed on the occasion of a betrothal ?
Answer The formalities observed at the time of betrothal differ from place to place in the Sub Division as under, but these apply to all the tribes residents of that area:-
a. ……….
b. ………..
c. Sub Tehsil Lahul : on the day fixed , the parents of the boy take to the parents of the girl, Sattus ( ground patched barley), ghee and Halwa and a rupee in cash. The eatables are distributed amongst the relatives, etc.
d. Spiti : The Spitians observe an interesting formality at the occasion. The parents of the boy offer a bottle of Lugri (home brewed beer) and if it drunk by the girl’s side, the betrothal is completed. A silken cloth is also generally offered by the groom’s side to complete the betrothal.
Question 3 : Grounds for annulment of betrothal- On what grounds can a contract of betrothal be annulled ? Whether impotency, blindness, epilepsy, insanity and immorality of either party are sufficient grounds for annulment of betrothal ?
Answer All the tribes reply that impotency, leprosy, blindness, insanity, epilepsy are considered as good reasons justifying the annulment of such contract. Immorality is not considered as a sufficient grounds for annulment of betrothal, but if the girl becomes pregnant before marriage, the betrothal can be annulled.
Exceptions : In Waziri Spiti, impotency, leprosy, blindness, insanity, epilepsy are not considered as sufficient grounds for annulment of betrothal. Immorality is a valid reason for breaking off the betrothal contracted.
Instances : i…………
ii………..
iv. Conbochaaring, son of Karaman, Rajput of Kothi Totpa Waziri Spiti, annulled the betrothal as the girl Ms. Urgian Dolman, daughter of Sonam of same Kothi, made friends and was carrying on with a musician.
v. The betrothal of Chharing Norbu son of Chhonam Rajput of Kothi Sham to Ms. Betit, daughter of Chamid Angrup, was broken off, as she was found to be immoral.
Question 4 : Marriage with another woman after betrothal but before marriage with the first- is a man who has contracted a betrothal entitled to marry another woman before he marries her to whom he was first betrothed, or does priority in betrothal entitle the female to priority in marriage? Is the first woman or her guardian entitled to annul the betrothal ?
Answer : In whole of the SubDivision, all the tribes reply that the girl first betrothed should be married before the man marries another wife. If he does not do so, the first betrothal is generally broken off. Priority of betrothal, however, does not rigidly entitle a girl to priority in marriage. In Spiti and Lahul, the boy can marry another girl with the consent of betrothed girl, but he must marry the betrothed girl also after he had married the other girl. If he fails to do so, he has to pay compensation to the betrothed girl.
Instances : In village Tozang Kothi Warpa the son of Jagat Ram was betrothed to the daughter of Norbu Ram. Jagat Ram married his son to another girl. The betrothal to the daughter of Norbu Ram was ignored and he had to pay compensation to Norbu Ram.
Exceptions : Nil
Question 5 : Consequence of annulment at the request of the party- If a betrothal be annulled on any of the grounds stated in reply to question no. 3 and 4 are the expenses incurred repayable to the person who discharged them? If so, to what extent?
Answer : All the tribes reply that nothing is paid by the of compensation if the betrothal is annulled on the grounds of impotency, blindness, epilepsy, and insanity. Due to annulment on the grounds of immorality, the compensation is paid by the boy or girl whoever becomes immoral. In case the annulment is due to the reasons given in answer to question no. 4 compensation and expenses incurred can be claimed. …………..In Lahul the amount of compensation is determined by the village Panchayat.
Instances : i…………….
ii…………....
Exceptions : In Waziri Spiti, in the case of girl being immoral or having refused to live with the youger brother of her husband, no compensation is paid.
Question 6: Consequences of annulment at the request of either party- If a betrothal be annulled-
i. At the request of the bridegroom or his family, or
ii. At the request of the bride or her family, or
iii. By mutual consent, are the expenses incurred repayable to the persons who discharged them?
Answer : All the tribes reply that in case the annulment is at the request of either party, the expenses incurred are repayable by the party at whose instance it is annulled. The amount of expenses is settled mutually. In case a betrothal is annulled by mutual consent, there is no repayment of expenses, or the payment may be made if the parties so wish, and to extent agreed upon.
Instances : Shiv Daya, son of Rattan, Kothi Ranika, betrothed his son to the daughter of Bhikam Chand, son of Bhimi Ram, of Kothi Jahalman. He subsequently married his son somewhere else. He had to pay compensation to the father of the bride.
Exceptions : Nil.
Question 7 : Death before marriage of either party to betrothal- If either party to a contract of betrothal dies before marriage, are the heirs of the deceased entitled to the return of the gifts given at the betrothal?
Answer : All the tribes reply, that there is no such custom in the Sub Division, except in the Waziri Spiti wherethe girl is married to the younger brother of her deceased husband. In case the girl dies, her younger sister is married with the boy. In case of refusal by either party, The expenses of betrothal are borne by the refusing party.
Instances : i……………….
ii………………
marriage & DIVORCE
Question 8 : Prohibition of marriage under custom- With what relation is marriage prohibited under customs? Can a man marry-
i. father’s sister’s daughter ?
ii. mother’s brother’s daughter?
iii. Mother’s sister’s daughter ?
Answer : The Beragis, Brahmins, Rajputs, and Khatris of tehsil Kulu and Brahmins of Waziri Lahul reply that marriage with father’s sister’s daughter, mother’s sister’s daughter and mother’s brother’s daughter is prohibited by custom. Amongst the old Kanets, now changed to Rajputs, and Harijans of Tehsil Kulu, and amongst all the tribes of Sub Tehsil Seraj, and all the other tribes of Lahul, marriage with father’s sister’s daughter and mother’s brother’s daughter is not prohibited while there is no custom to marry mother’s sister’s daughter.
In Waziri Spiti, all the tribes prohibit marriage with father’s brother’s daughter, brother’s daughter, and father’s sister. They marry father’s sister’s daughter and mother’s sister’s daughter.
Instances : i…………..
ii…………
Question 9 : Annulment of marriage-
a. What physical defects are sufficient for annulment of marriage? Are idiocy, lunacy, impotency or mutilation sufficient causes? Is any distinction made if the party seeking annulment knew of the defects at the time of marriage or if the defects arose subsequently?
b. Between what tribes and castes inter-marriage is lawful? On what orther grounds can marriage be annulled or invalidated?
Answer : a. Idiocy, lunacy, impotency, and mutilation are considered sufficient causes for annulment of the marriage, if the girl does not want to stay with her husband. This custom prevails in whole of the Sub Division, except in Waziri of spiti, where the marriage can not be annulled on account of these grounds. In Spiti, however, due to immorality, or mutual consent of the parties, the marriage can be annulled. In case of the impotency of boy or barrenness of the girl, the boy or the girl cannot marry anywhere else unless no child is born, the man can marry second time or even third time, but not the woman.(instances given)
No distinction is made whether the defect was known prior to marriage or arose subsequently.
c. Among all the tribes in Sub Division the general custom is to marry within their tribe. Inter-marriages between Rajputs and Brahmins and Khatris are also allowed. But such marriages are very rare. These tribes are, however, not allowed to marry with Harijans. The non fulfillment of the conditions contained in the agreement made between the parties at the time of betrothal is also considered as sufficient cause for annulment of marriage. The party responsible for the breach of conditions is required to pay compensation to the other party. Immorality and change of religion are also grounds for annulment of marriage, and in these cases compensation is claimed from the party at fault.
Instances : i………………………
ii. ……………………
iii…………………….
iv……………………
v…………………….
vi Shiv Dayal, son of Mani Ram caste Brahmin, of
Kothi Warpa married Ms. Sonam Dolman,
daughter of Kathu Chiring Rajput of Kothi
Gundhla (in Lahul)
vii. Preman son of Khinu, Rajput of Kothi Tandi,
changed his religion and became Koli. His wife
Ms. Sonamki daughter of Lama rajput of Kothi
Shansa (in Lahul) left him without paying
compensation.
viii. Chiring Tobzang, son of Nocchia (Spiti) divorces
his wife Ms. Padman on charge of immorality.
ix. Nochan, son of Shampoo of Kharik (Spiti)
divorced his wife Ms. Rekat as she changed her
religion.
Exceptions: Nil.
Question 10: Marriage with wife’s sister- May a man marry his wife’s sister durin the lifetime of the former, and with what relations of his wife is marriage unlawful?
Answer : All the tribes say that a man may marry his wife’s sister during the lifetime of the former. He cannot marry wife’s mother, wife’s sister’s daughter, wife’s father’s sister, wife’s niece.
Instance : Durag Namgial of village Hal in kothi chhoji, married his wife’s sister in the lifetime of his wife with her consent.
Exceptions : Nil.
Question 11 : Prohibition by consanguinity and fosterage- Are the degrees prohibited by consanguinity prohibited also by fosterage?
Answer : Yes, excepting among Harijans of Kulu. Among Harijans fosterage is not so thick a relation as consanguinity.
Question 12: Age of marriage- At what ages can marriage of-
a. a son
b. a daughter
Take place ?
Answer : Normally, the marriage of a son and daughter takes place at the age of 18 and 14 respectively, except in Spiti area. There is no customary bar to marriage taking place at ages youger than mentioned above. In Spiti a boy or a girl can be married after they are 8 years old.
Instances : Chholam, son of Samdon, of village Moni, Kothi sham (Spiti) married in his 8th year with Ms. Butat, aged 10 years, of Mane Gogman.
Exception : Nil.
Question13 : Age of majority- What is the age of majority for a boy and a girl for the purpose of contracting a marriage ?
Answer : The age of majority as stated by all tribes in Kullu and Seraj is for a boy 18 years and for a girl 14 years. While in Lahul it is 18 years and 16 years, respectively. In Spiti, however, it is 15 years in the case of both sexes.
Instances : This is a general custom.
Exceptions : Nil.
Questions 14: Consent for marriage- Whose consent is necessary to the validity of marriage-
i. When both parties are under age ?
ii. When either is of age ?
Answer : i. Normally the marriage takes place when both the
boy and the girl attained majority. In other cases the
consent of the parents, brothers and then maternal
relations of both is necessary to the validity of
marriage.
ii. When either is of age, the consent of the guardian
of the minor is necessary.
Instances : This is general custom followed throughout.
Exceptions : Nil.
Question 15 : Legal marriage- Can a woman contract a legal marriage without the consent of her guardian?
Answer : A woman can contract a legal marriage, without the consent of her guardian, on attaining the age of 14.
Instances : i…………….
iii. Ms. Chhamed Dolman, major daughter of Tashi Phanchol, of village Loading, Kothi Chhoji,Waziri Spiti, married Niman Tandup, son of Sonamkilof Kothi chhoji of her own will without allowing parents interference.
Question 16 : Ceremonies of marriage- With what ceremonies is a marriage celebrated and what ceremonies make the marriage binding? Is it customary to execute writing to that effect?
Answer : i. All the tribes reply that marriage in the whole of Sub Division Excluding Waziri Lahul and Spiti, are performed by giving meals to the marriage party.In very few cases amongst high classed Brahmins, Khatris, and Rajputs, vedic rites are performed; but generally it is only completed with Ganesh Puja. Amongst poorer people it is only performed by the execution of deed. Agreement deeds are usually executed in tehsil Kulu whereas in Sub Tehsil Seraj, Rupi and Lahul, this custom exist but rarely.
ii. In Lahul Rajputs generally invite a Lama, and Brahmins invite a Purohit, who recites Shalokas and the marriage is performed.
iv. In Spiti before the marriage is performed, the parents of the boy go to the parents of the girl to settle about the ornaments and dowry and also the price chargeable for the girl. After this is settled, a date for marriage is fixed and the marriage procession of the boy, excluding, however, the bridegroom and his father, go to the house of the girl with a bamboo arrow, which is placed in a Patha of grain and the girl is made to sit by this arrow. The girl’s head hair are so dressed that 5 pleats are placed on the back and 5 pleats on her left cheek. Other hair are left untied. The head ornament (called feroza) which the unmarried girls invariably wear on forehead is withdrawn. On the next day, the bride is taken up to the house house of the bridegroom and there the husband and the wife take Lugri, or curd from the same cup, after which the entire hair of the girl are tied in the form of pleats which completes the marriage.
Instances : ………………………………….
Exceptions : Nil.
Question 17: Permission of divorce- Is divorce permitted by custom?
Answer : Customs permit divorce, but by mutual consent.
Instances : i. ……………………..
ii. Chhring, son of Chholam, Rajput of village Mane, Kothi Sham (Spiti), divorced his married wife.
Exceptions : Nil.
Question 18 : Divorce by husband- Can a husband divorce his wife and under what circumstances ?
Answer : A Husband can divorce his wife on account of immorality. In Waziri Spiti change of religion is also a reason for divorce. In cases of strained relations also custom permits divorce.
Instances : i………………
ii. Budh Ram of Kothi Kardang (Sub-tehsil Lahul) divorced his wife on account of immorality.
Exception : Nil.
Question 19 : Divorce by a wife – Can a wife divorce her husband? If so, under what circumstances?
Answer : She can claim divorce on account of any of the reasons given in answer to question 9, or with the consent of her husband. Change of religion by the husband also entitles the wife to get a divorce.
Instances : i. Chholam, son of Norbo Tandop of Mane, Kothi, Sham (Spiti) changed his religion and his wife Ms. Tashi Dolma divorced him.
ii. ………………….
Exception : Nil.
Question 20 : Remmariage after divorce- When a man has divorced his wife can he remarry her?
Answer : Yes. A man can remarry his divorced wife with her consent.
Instances : i. …………………………….
ii…………………………….
iv. Chhering Tondop, son of Chholam of village Khurik, Kothi Chhoji (Spiti), at first divorced his wife, Ms. Chharang Botat, but remarried her with her consent after three months.
Exceptions ; Nil.
Question 21: Remarriage of a divorced woman- Can a divorced woman remarry in the lifetime of her previous husband without his consent?
Answer : All the tribes reply in affirmative. A divorced woman may remarry in the lifetime of her previous husband without his consent.
Instances : i. …………………
ii………………….
iii. Ms. Champa Dolman, daughter of Samjor Chharing son of Gawa, of village Luling Kothi Burji, Waziri Spiti, remarried Chhiwang Magmar of Kothi Pin, after her divorce from her first husband.
v. Ms. Angman daughter of Chhiwang of Kothi Karding, Waziri Lahul was divorced by Tashi and she remarried Rup Singh of village Khangsar without the consent of her previous husband.
Exceptions : Nil.
Question 22 : May a husband divorce or expel his wife without assigning any cause ?
Answer : She can not be divorced or otherwise expelled without assigning ant reason.
Instances: Nil.
Exceptions: Nil.
Question 23 : Claim of renounced and deserted wife- Has the renounced or deserted wife any claim against her husband for maintenance-
a. if renounced or expelled for immorality?
b. If renounced or deserted on other grounds?
Answer : In whole of Sub division amongst all tribes a woman cannot claim maintenance if renounced or expelled for immorality? She can claim maintenance if renounced on other grounds.
Instances : Nil.
Exceptions: Nil.
Question 24: Remarriage of renounced or deserted wife- has a renounced or deserted wife the right to remarry in the lifetime of her husband?
Answer : All the tribes reply that in Tehsil Kulu, Sub Tehsil Seraj and in Waziri Lahul a renounced or deserted wife has no right to remarry in the life time of her husband. She can remarry in case she gets proper divorce.
In Waziri Spiti, she may remarry.
Instances : Ms. Dolman, wife of Tashi Angrup, Rajput of Kardang was renounced by her husband and she remarried Nirmal Chand, son of Gian Chand, caste Rajput, of Gundhla Kothi, and paid compensation to Tashi Angrup, the former husband.
Eceptions : Nil.
Question 25 : Grounds to claim release from marriage ties- On what grounds has the wife a right to claim at release from the marriage tie? Can she get the release without the consent of her husband?
Answer : All the tribes reply that a woman can not claim release from marriage tie without the consent of her husband. She can, however, claim release against his wish, if he has remarried and is not prepared to maintain her, or suffer from any of the disabilities mentioned in answer to question No. 9.
Instances : i…………………
Exceptions : Nil.
Question 26: Widow remarriage- How is a widow remarried ? Is it necessary that any ceremony should be performed to make the marriage valid? Can a man marry a widow of any caste or tribe? Who can give minor widow in remarriage?
Answer : In Kulu and Seraj Tehsil no special rites are observed at the remarriage of a widow. An agreement deed is considered sufficient. A man generally does not marry a widow of a caste or tribe other than his own tribe. There have, however, been very few instances in which a man married a widow of other tribe or caste. Parents can remarry a minor widow in Waziri Lahul custom is not followed now on account of restrictions imposed by the Child Marriage Restraint Act, 1937. In Spiti, a widow is usually made to marry the younger brother of her deceased husband, if there be any, In case there is none, she can marry any other man of a caste not inferior of her own.
Instances: i…………………….
ii…………………..
iii Nagzon Potat, widow of Tashi Khorde, of Dhankhar, Kothi Sham, in Spiti, remarried one Kirgat Chootida of Dhankhar.
iv Dorje Dolman, widow of Khorobe Chaaring of village Lali of Kothi Siam, married her husband’s younger brother Sandop Chhaping of the same village.
v.Ms. Samdan dolman, widow of Tashi Tandop, of village Sagnam, Kothi Poon, was minor when she became widow. Her father arranged her remarriage.
Exceptions : Nil.
Question 27: Cohabitation of man and woman where the marriage has not been performed- Does the cohabitation of a man and woman constitute a marriage? Does the production of offspring validate an illegal connection? Is there any distinction made if the woman is a widow or unmarried?
Answer : All the tribes reply that-
1. Cohabitation without performance of marriage ceremonies does not constitute a valid marriage.
2. The production of an offspring also does not validate an illegal connection.
3. No distinction is made between a widow or unmarried girl for this purpose.
Instances : Sonam Hishe, son of Matatobe, of Kaz, had continued illicit connections with Ms. Chhamed Chhetan, daughter of Chhetan, Phonochok of Kuling, Kothi Barji,Waziri Spiti, and this was not considered a legal marriage and their offsprings were not considered legitimate.
Exceptions : Nil.
Question 28: Does a woman by marriage with a person of different caste and Gote acquire the caste and Gote of her husband?
Answer ; All tribes say that a woman by marriage aquires the caste and Gote of her husband.
Instances: i. Karam Singh, son of Dela Ram, Brahmin of Kothi Shansha,Wziri Lahul, married Ms. Tashi Angzom, daughter of Gop,Rajput, and she acquired the caste and Gote of her husband.
ii. Ms. Champa Dolman, Rajput , daughter of Senjod Chhirang of village Lalling, Kothi Barji, married Nono Chhawang and thus acquired the caste of Nono.
Exceptions: Nil.
BASTARDY
Question 29 : Legitimacy of offsprings of a union not permitted
by the custom- Where a marriage has taken place which was not permissible owing to the parties being within prohibited degrees of relationship, or on account of difference of religion, or on account of some other prohibition imposed by custom, will the offsprings of such union be considered legitimate or not?
Answer : All the tribes reply that such offsprings are not considered legitimate for the purpose of inheritance. They are called bastards or Wald-ul-Haram.
Instances : i. ………………….
Exceptions : Nil.
Question 30 : What will be the position of children born from-
a. a concubine,
b. from widow living in her previous husband’s house,
c. From an unmarried woman living in her father’s house?
Answer : a. Children from the concubine will not be
legitimate for purposes of inheritance.
b. Except the child born posthumous, other
children born from widow are not considered
legitimate for inheritance purposes.
d. As in case of (a)
Instances : Nil.
Exceptions; Nil.
Question 31: Maintenance for illegitimate children- Are illegitimate children, who do not inherit, entitled to maintenance?
Answer : the illegitimate children are entitled to maintenance from their father till they attain maturity and not thereafter.
Instances : i. ………………….
Exceptions : Nil.
Question32 : Appointment of a guardian- Is a father at liberty to appoint, by testament or otherwise, a guardian of the person and property of his minor children?
Answer : The father is at liberty to appoint, by testament or otherwise, aguardian of the person and property of his minor children.
Instances : Nil.
Exception : Nil.
Question33: Guardian, when no appointment made by father- Upon whom does the guardianship of person and property, of a minor successively devolve, if no appointment be made by the father-
From-
i.when the minor is-
a. A boy
b. An unmarried female
c. A married female;
ii. When there are a brother and mother; and
iii. When there are no such relations of minor living?
Answer : a. Generally the mother is the natural guardian of the person of her minor son and she is also supposed to be his guardian as regards property. In the absence of mother, guardianship successively devolves on grandmother, brother, uncle, maternal uncle, etc. In Spiti however, an elder brother, if there is one is a guardian in preference to mother.
b. In case of an unmarried female as above.
c. Husband and then father-in-law.
Instances : Nil
Exceptions : Nil.
Question34 : Custody of a married female minor- Who is entitled to the custody of a married female whose father, mother and husband are alive?
Answer : Generally the answer is that the husband of a minor girl who is married is her guardian..
Instances : Nil.
Exceptions : Nil.
Question35 : Widow as guardian- if a widow being the guardian of her minor child, remarries, will the widow’s right of guardianship cease ? On her again becoming a widow will it revive?
Answer : All the tribes reply that generally a widow’s remarriage deprives her of her right of guardianship, over her children from her prior deceased huaband. These rights do not revive on her again becoming a widow.
Instances : Ms. Chhonzan, w/o Durje Chharing of Kothi Barji (village Looling), was guardian of her minor son Chharing Arob. She remarried Chhomal, son of Kardob of Saganam Kothi Pan and she was deprived of guardianship.
Exceptions : Nil.
Question36 : Power of guardian to alienate property of ward- To what extent, under what conditions and for what purposes can a guardian alienate the property, movable or immovable, of his ward by sale, gift, exchange, mortgage or lease?
Answer : All the tribes reply that a guardian can not alienate, sell or gift away the ancestral or self- acquired property of his ward, but, he can mortgage, lease out or exchange the property for the benefit of the ward in cases of genuine and pressing necessity, e.g. to liquidate the debt of ward’s father, or to meet the expenses of education, marriage, or maintenance of the ward.
Instances : Nil.
Exceptions : Nil.
Question37 Who is entitled to the guardianship of the children of widow who is leading an immoral life or who has gone to live with another man?
Answer: All the tribes admit that a widow leading an immoral life and living with someone else, ceases to be the guardian of the children, left over by her, and the right of guardianship devolves successively on grandfather and grandmother, brother, uncle and maternal uncle.
Instances: Nil.
Exceptions: Nil.
Question38 : Is a minor whose father is dead, and who has inherited his father’s property, liable for his father’s debts so far as non-ancestral property is concerned ?
Answer: All the tribes reply that a minor who has inherited his father’s property is liable for the debts of his deceased father, and only self-acquired property possessed by him is liable for repayments of the debts.
Instances : After the death of Chhering Durje, son of Durje, of village Khrori,Kothi Barji, Sonam Tashi paid the debts of his father, when he attained the majority of an adult.
Exceptions : Nil.
Question39 : Who have preferential claim to the guardianship of illegitimate children- the mother and her relatives or someone else?
Answer : Illegitimate children are generally under the guardianship of their mother or her relations.
Instances : i……………………
Exceptions : Nil.
Question 40. Shares of sons by the same mother – if there be more sons than one by the same mother , will they take equal shares or in regard to the ages of the sons so that (1) the eldest, or (2) the youngest son takes a greater or less share than his brothers?
Answer. All the tribes reply that the re is no question of ages. All sons share equally. In Waziri Spiti, the eldest son inherits while the younger ones become Lamas. The 3 younger brothers are entitled to maintenance only, while the remaining get nothing.
Instances. In Pahti Kharal the inheritance of Churamani devolved on Ude Ram, Chuni Lal and Sukhi Ram all the 3 sons in equal shares (mutation No.3624). In the same Pathi Ghisy was succeeded by his sons Devi Ram and Bir Chand in equal shares (mutation No 3660).
Question 41. Shares of sons by the different mothers-Pagwand or Chundawand-if there be more wives, are the shares in the inheritance distributed according to the number of mothers or according to the number of sons? Is the custom of Chundawand or Pagwand and followed?
Answer. All the tribes reply that Pagwand prevails in this area, the shares go according to the number of sons, and not of mothers. In Waziri Spiti, the inheritance goes to the eldest son and the question of Chundawand or Pagwand does not arise.
Instances. (1) Ghebu, son Tawarsu, was succeeded by his son and if widow(mutation No 30 of phati Sillihar, Kothi Khokan)
(2) Tashi durje, son of Cho of village Mane, Kothi saham, had two wives. Both of these wives had children,but the inheritance of Tashi Durje, deceased went to the eldest son of the 1 st wife and all other became Lamas.
Question 42. Rights of illegitimate children-What are the the rights of illegitimate cildren to inherit from their natural father?
(i) Do the son of a Keep or Dasi inherit? If so, do they take equal share with the legitimate sons? If they take less share specify them?
(ii) Have the sons of Keep or Dasi any better title to succeed where there are no legitimate sons?
(iii) What are the rights of the sons of Goli who came with a married wife and who partially went through the last ceremony of marriage?
Answer. (i) Illegitimate children do not inherit in the presence of legitimate sons. The sons of Keep or a Dasi have no right to inherit except, however, with the consent of legitimate sons, but in the absence of legitimate sons, they can inherit in preference to collaterals. In Lahoul and Spiti Waziris the illegitimate children, under no circumstances can inherit.
(ii) Such sons are entitled to maintenance only till they attain majority.
(iii) There is no custom of bringing a Goli.
Instances. (i) Sangat Ram, son of Hetu, Brahmin of Kothi Kais, had one son from keep and two sons from his legitimate wife. All the three shared equally on the death of their father, but only with the consent of the legitimate brothers.
(ii) Thinby Namigal, son of Morch chhozen of kulling, Kothi Barji, was an illegitimate son and did not inherit his natural father’s property.
Exceptions. Nil.
Question 43. Do the sons of a divorced or widowed woman born after her re marriage, inherit equally with the offspring of her new husband from a regular marriage?
Answer. All the tribes reply that all the sons share equally. In Waziri Spiti there is no such custom of Jhanjarara marriage.
Instances. Din Dyal, Brahmin of village chansari, Kothi Kais, died leaving childrenfrom a regular wife and a wife from Jhanjarara marriage. Bansi Lal and Sohan Lal, born from the Jhanjarara wife inherited equally with born from the Jhanjarara wife inherited equally with Vidyasagar and Ram Lal etc. sons from married wife (Mutation Nos, 4100 and 4101 of Phati Kharal).
Exceptions. Nil.
Question 44. Unequal shares of the sons-Can a father in his lifetime nominate a particular son to take a larger share than his other brothers after the father’s death? Can be exclude a particular son or sons as unfit to inherit? If so, in what case? Is any distinction made between an ancestral and acquired property?
Answer. All the tribes reply that the father cannot deprive of his sons partially or wholly of the share in ancestral property, nor can he allocate larger share of his ancestral property to any of his sons. He can do whatever he likes with the self-acquired. Waziri Spiti is an exception to this Rewaj. In Spiti the succession devolves upon the eldest son and the father can derive that son of succession in ancestral and self-acquired property due to immorality and disobedience, etc.
Instances. (i) Mahant Tipra Ram of akhara transferred his self acquired property of Kothi Khokhan to his one son Raghubar Dass, but ancestral property was shared equally by all the sons.
(ii) Kenchak of village Dhankar, Kothi Sham, deprived his eldest son Chhopel due to disobedience and his property was inherited by Phonchok, his younger son(mutation No. 69,village Dhankar, Kothi Sham).
Exceptions. Nil.
Question 45. Share of a predeceased son – if a son predeceases his father, then on the death of the father, will the issue of the predeceased son jointly take equal share in the property with the brother of the predeceased son or how?
Answer. All the tribes reply that the sons of the predeceased son get the share of their father with their uncle or uncles.
Instances.(1) Mutation N. 161, Phati Shamohi.
(2) Mutation No. 2614, Phati Kharal.
In both cases the sons of a predeceased son inherited equally with their uncles.
(3) In Phati Hother (outer seraj) according to mutation, No. 3480 Rupi, the son of a predeceased son Phirku, shared the inheritance of his grandfather Mohru in equal shares with his uncle Kanchoo and so did Sobi, the son of the other predeceased son Zalmoo. They are Kolis by caste.
(4)Mutation No. 4126, Phati Manjha Desh (outer Seraj)Katha and Rata the son of a predeceased son, equally shared with their uncles the inheritance of their grandfather Bhagsi.
Exceptions. Nil.
Question 46. Alienation of ancestral property to illegitimate son-Can a father alienate a part of his ancestral landed property in his lifetime to his illegitimate son?
Answer. All the tribes reply that a father in his lifetime can not alienate his ancestral property in favour of his illegitimate son or sons.
Instances. Nimo Zanghi of Kothi Barji alienated his landed property in his lifetime to his illegitimate son Thinle in the absence of his legitimate sons.
Exceptions. In Waziri Spiti a father can alienate his self-acquired or ancestral property in his life time to his illegitimate sons in the absence of legitimate sons.
Question 47 Collateral succession of illegitimate sons-The illegitimate sons succeed by way of collateral succession?
Answer. All the tribes reply that illegitimate sons do not secceed by way of collateral succession.
Instances. Sonam Paldan, illegitimate son of Tashi Rigzan, did not succeed to the property of his father Tashi Rigzan.
Exceptions. Nil.
Question 48. Pichhlag son- When a widow marries having a son by her former marriage (Pichhlag) does such son inherit from (i) his natural father, or (ii) his step-father? If from his step-father, is there any difference between his share and those of his step-father’s own sons?
Answer. All the tribes reply, the step-son succeeds to his natural father and has bno right to succeed his step-father.
Instances. Nil.
Exceptions. Nil.
Question 49. Assignment of share by a step-father to his stepson-Can a step-father, in his lifetime, assign share of his ancestral property to his pichhlag son?
Answer. All the tribes say that a step-father cannot assign any share of his ancestral property to his pichhlag son but he can do so from self-acquired property.
Instances. Nil.
Exceptions. Nil.
Question 50. Maintenance of Pichhlag-Is a step-son (Pichhlag) entitled to maintenance from his step-father; and if so to what age?
Answer. All the tribes say that a step-son is not entitled to maintenance from his step-father.
Instances. Nil.
Exceptions. Nil.
Question 51. Share of a widow with the step-sons –Does a widow succeed along with step0sons, and if so, in what share? If she does not inherit, is she entitled to maintenance and in what manner?
Answer. All the tribes reply that in Tehsil Kulu, Lahaul and Sub Tehsil Seraj, widow shares equally with her step-sons. In Spiti the widow who first came in marriage will inherit the whole property in preference to the step-sons.
Instances. (1) Mutation No 8, Phati Jundsur, in which swan’s inheritance devolves on Mst. Biri his widow, and Kahlu Ram his grandson from a 2nd marriage in equal shares.
(2) Mutation No.3220, Phati Kharahl, in which Kammu, deceased, was successded by his widow Mst. Gari along with other sons in equal shares.
(3) Thakru of village Rangra Kothi Totpa, died leaving two widows, first Himan Zangmon without any issue, and 2nd Daha Zangmon with 4 sons. The succession, however , devolved upon Himan Zangmon, the older widow.
(4) In Phati Shilli Kothi Kot (Outer Seraj) – vide mutation No. 1396 succession of Mirchoo devolved upon his sons Gohli and Toli and his widow Chhipi in equal share.
(5) Mutation No. 4467 Phati Manjha Desh, Outer Seraj Mst. More Dassi, widow, equally shared the estate of her deceased husband with her step-sons Karam Chand and Bhimi Ram.
Question 52. Widow of predeceased son-Is the widow of a sonless son, who predeceased his father, entitled to succeed his share in the presence of other sons of the deceased or otherwise?
Answer. In Tahsil Kulu, Lahaul and Sub-Tehsil Seraj, all are agreed that the widow of the predeceased son succeeds in the presence of other sons of the deceased to her deceased husband’s share provided the widow continues to reside in her deceased husband’s house. In Waziri Spiti, this custom is followed. A widow generally marries the younger brother of her husband, so the question does not arise. In case the younger brother refuses to marry her, she gets the share.
Instances. Mutation No 30 of Phati Sari :Dile Ram was succeeded By Mst. Poshi, the wife of his predeceased son, along with the other sons.
Question 53. Widow and mother: widow and son’s widow-
(a) If a man dies leaving no male descendants but a widow and a mother, what rights, if any has the mother to succeed?
(b) How is the inheritance shared by he widow and son’s widow?
Answer. All the tribes say that the mother does not inherit in the presence of the widow in Kulu and Spiti. In Sub-Tehsil Seraj and Lahaul the mother and the widow succeed in equal shares.
Instances. Durje Chhetan of Langia, Kothi Chhoji, died leaving a widowed wife and mother. The succession devolved upon his widow, named Mst.Lobzang.
Exceptions. Nil.
Question 54. (For Lahaul and Inner Seraj only). Son’s widow and mother-What is the rule of division son’s widow and mother?
Answer. They share equally in Lahaul and Sub-Tehsil Seraj. The question does not arise in the case of the rest of the Sub-Division in view of the answer to question No. 53.
Instances. The same as given in answer to question No. 53.
Exceptions. Nil.
Question No 55.Natural of widow’s interest- What is the nature of the widow’s interest when she succeeds? What rights of alienation has she?
(1) Under what special circumstances or what special purpose can she alienate?
(2) Is any distinction made in this matter between moveable and immoveable ancestral and acquired property or in respect of alienations to the kindred of the deceased?
Answer. (1) The widow has a life interest and cannot alienate the property except only for valid reasons, i.e. for payment of her husband’s debts or to defray the expenses of her daughter’s marriage, etc. In Waziri Spiti a wife has full powers to alienate the property in case there is no brother of her deceased husband.
(2) No distinction is made between ancestral property and property acquired by her deceased husband.
Instances.(1) Mutation No. 211 of Phati Bainchi, Kothi Raison: Mst. Dasman, a widow, gifted her husband’s land to Mst. Gulabi and Sangat Ram.
(2) Mst. Sanam Buti, widow of Sanam Tashi, Village Langja, Kothi Chhoji(Spiti), sold her husband’s land for Rs. 1,000 to Mst. Bholit of Kuling, Kothi Barji.
Exceptions. Nil.
Question 56. Succession of widow’s interest- If there be several widows, do they take in equal shares? In the event of the death or remarriage of any of them do the survivors take by survivorship? If a man lived jointly with his brother , does his widow get the share of her deceased husband?
Answer. All the tribes reply that where there are more than one widow they succeed equally to the estate. Where a widow remarriage or dies, the other widows succeed to her share in equally shares in the presence of collaterals. The widow of a man, who lived jointly with his brother, gets the share of her deceased husband. In Waziri Spiti, the widow who came first in marriage, succeeds to the property and on her death or remarriage, the second widow will succeed and so on.
Instances. (1) Mansa was succeeded by his two widows (Mutation No. 482, Phati Bundrole).
(2) Mst. Kali was succeeded by Mst.Sunchro(Mutation No. 725 of Phati Bundrole)
Exceptions. Nil.
Question 57. Unchaste wife- Does an unchaste wife succeed to her husband(a) when she is living with her husband, (b) when she is not living with her husband?
Answer. (i) All the tribes agree that an unchaste wife succeed to her husband, when she is living with them.
(ii) When she does not live with her husband she does no succeed.
Exceptions. Nil.
Question 58. Collateral succession of widow-Can a widow succeeds collaterally to land to which her husband would have succeeded, If alive?
Answer. All the tribes say that a widow succeeds collaterally to land to which her husband would have succeeded, if alive, but in Spiti she does not succeed.
Instances. Utmi, Rajput of Kais, died and his brothers Paras Ram, Ghilu, Theba and Bahu and their brother’s widow Almon succeeded in equal shares.
Question 59. Effect of unchastity and abandonment of the house of her husband- What is the effect of unchastity upon the right of widow to the estate of her husband? If such an unchaste widow does not abandon the house of her deceased husband, would she be still entitled to retain the estate of her husband?
Answer. An unchaste widow, if she abandons the house of her husband, loses all rights to the property of her husband. However, if she is unchaste and continues to live in the house of her husband, She continues to retain the estate of her deceased husband.
Instances. Nil.
Exceptions. Nil.
Question 60 Property of a woman given as dowry- If a man marries two wives, one of whom receives some land as dowry or otherwise from her father, will that land be distributed among the sons of both wives according to the rule of Pagwand or otherwise?
Answer. All the tribes reply that land will go to the issues from the wife to whom it was given in dowry.
Instances. Ram Chand of Bandrole, Kothi Raison, had two wives Ram Bali and Nath. The latter got some land as dowry from her father. On her death this land was mutated in the name of Lachhi Ram and Gehr Dass, sons from Mst. Nathi only.
Exceptions. Nil.
Question 61. Effect of widow’s remarriage- What is the effect of a widow’s remarriage with respect to her husband’s estate? Is there any distribution made if she marries a collateral of her husband or stranger?
Answer. All the tribes reply that when a widow remarriage, she losses her right to the property of her former husband. No distinction is made, whether the new husband is a collateral of the former or a stranger.
Instances. (1) Mst. Sobhi and Tejo, two widows, succeeded in equal shares of the property of Mantoas, Tejo remarriage, and therefore, lost her right to the property of her former husband.
(2) Mutation No. 5387 of Phati Kharal, Mst. Pari, wife of Budhu, remarried and therefore lost her right to the property of her deceased husband.
(3) Mst. Gangi, widow of Debi, remarried and thus lost her rights over the estate of her deceased husband which was mutated in favour of Thakur Chand and the collaterals of the deceased.
(4)Mst. Kunoo, caste Koli, remarried and the estate reverted to her father-in-law as her husband had since died (mutation 1703, Phati Jaban).
(5)Mutation No. 2575, Phati Lot (caste Rajput). The succession devolved upon collaterals Mansa Ram, etc. on Mst. Juhi’s remarriage.
Exceptions. Nil.
Question 62. Succession of mother-
(a) Does a mother succeed? If so in what circumstances: is there any difference between a mother and step-mother? Does she succeed if she has remarried before succession?
(b) If a man dies leaving a mother and a step-mother do both the mothers succeed.
(i) when the step-mother has already succeeded to a share of her husband’s property.
(ii) When she had not so succeeded?
Answer. (a) A mother succeeds in the absence of a male lineal descendant, or widow. There is no difference between a mother and step-mother.
She does not succeed if she has remarried before the succession.
In Waziri Spiti, the real mother succeed do not the step-mother.
(b) (i) Only the real mother succeeds.
(ii) Both succeed.
Instances. Chandu who died sonless and without a widow was succeeded by his mother, Mst. Gari(mutation No. 3774 of Phati Kharal).
Question 63. Forfeiture of mother’s right-Does mother forfeit her estate.
(i) On her remarriage.
(ii) Due to her unchasttity and abandonment of her husband’s house.
Answer. (i) All the tribes that she forfeits her rights on remarriage.
(ii) She does not forfeit her rights due to unchastity alone but does so if she abandons the house of her husband (or son).
Question 69. When a daughter succeeds what are her rights to alienation.
(a) In the presence of collaterals of her father.
(b) In the absence of such collaterals.
Answer. (a) She cannot alienate property in the presence of collaterals except for necessity as in the case of widow.
(b) She has full rights.
Question 70. If a man dies leaving married and unmarried daughters and a daughter’s son whose mother has already died what will be the right of latter to the estate of her mother’s father?
Answer. All the tribes reply he has no right in preference or in collaboration with unmarried daughters. In Lahoul if the grandson is the son of Ghar-Jawai, then he will share equally with unmarried daughters.
Instances. Nil.
Exceptions. Nil.
Question 71. If a man dies leaving maternal grandsons whose mothers have already died, how will they share in the ancestral or non-ancestral property of their maternal grandfather as compared to the collaterals?
Answer. The maternal grandsons cannot exclude collateral in the ordinary course. In Lahaul, However, grandson, who is the son a Ghar-Jawai, will receive preference over collaterals. In Spiti also it is the same custom as in Lahaul. But in that Waziri only the eldest of such grandsons will be entitled to inherit.
Instances. Nil.
Exceptions. Nil.
Question 72. If a man dies leaving maternal grand-daughters whose mothers have already died, how will they share in the ancestral or non-ancestral property of their maternal grand-father as compared to the collaterals?
Answer. All the tribes in all areas reply that they have no right in preference to collaterals in ancestral or non-ancestral property. In Lahaul and Spiti they acquire right till lifetime or marriage in case the grand-daughters are the daughters of Ghar-Jawai.
Instances. Nil.
Exceptions. Nil.
Question 73. If a man dies leaving a daughter of a predeceased son, what will be her right to the ancestral or non-ancestral property of grand-father as compared to the collaterals?
Answer. All the tribes reply that she will exclude collaterals till her marriage if the girl is unmarried. Otherwise not. No distinction is made between ancestral or non-ancestral property.
Instances. In Village Hekam, Kothi Chhoji (Spiti), Tandop Chhring, son of Paldan Chhring, died leaving behind Mst. Durje Man, the daughter of his predeceased son Durje Angrup, and the inheritance was mutated in favour of daughters.
Exceptions. Nil.
Question 74. Will the inherited ancestral, or non ancestral property of a daughter or grand daughter revert to collaterals of the person from whom she inherited, or devolve upon her children, on her death?
Answer. The interest of daughter or grand-daughter in such property is limited till her marriage or death, after which the property reverts to the reversioners of the person from whom it was inherited.
Instances. Mst. Lajwanti inherited land from her father. She died without a son. The land reverted to the reversioners of her father Lachhman Datt (mutation No. 3861 of Phati Kharal).
Exceptions. Nil.
Question 75. Who will inherit in the absence of a son or sons, a widow or widows, predeceased son’s widow, mother, step-mother, unmarried daughter and unmarried sister?
Answer. The collaterals from grandfather’s grandfather succeed before married daughter and her issues or married sister or her issues.
Instances. Nil.
Exceptions. Nil.
Question 76. What is the order of succession amongst collaterals inter-se? Where collateral succeed, will the heirs in different degree of a common ancestor get the same share which he would have got if his ancestor was alive?
Answer. Every tribe replied that all the male descendants of the common ancestor succeed in the same way in which their ancestors would have succeeded if they would have been alive.
Instances. Nil.
Exceptions. Nil.
Question 77. Can sister or sister’s sons inherit the estate of their brothers in the presence of collaterals? Can they inherit when there are no collaterals?
Answer. All the tribes in the Kulu, Lahaul ans Seraj Tehsil reply that the sister or sister’s sons do not inherit in the presence of the collaterals. They can inherit in the absence of collaterals. In Waziri Spiti, the sisters succeed in preference to collaterals, but not the sister’s son.
Instances. Mst. Tashi Dolman, daughter of Ragzon Danop of Village Langia (Kothi Totpa), Spiti, got the inheritance of her deceased her brother Fadaman Chhring.
Exceptions. Nil.
Question 78. If the last male holder dies leaving no descendants, widow, mother, daughter or daughters descendants but only unmarried sister, will the latter inherit in the presence of collaterals? If so, What will be the effect of her marriage or bring unchaste?
Answer. In the case of Tahsil Kulu, Sub-Tahsil Seraj and Waziri, Lahaul and Spiti, the unmarried sister succeeds in the absence of collateral till her marriage unchasity makes no difference.
Instances. Nil.
Exceptions. Nil.
Question 79. Would there be any difference in answer to question 78 if the property is ancestral or non-ancestral question of the brothers?
Answer. No.
Instances. Nil.
Exceptions. Nil.
Question 80. If the sister succeeds, can she alienate the property:
(a) in the presence of collaterals of her brothers.
(b) In the absence of such collaterals?
Answer. All the tribe reply that a sister has got the same rights as a daughter has, as answered in question 69. In Spiti she can alienate the property in all circumstances.
Instances. Nil.
Exceptions. Nil.
Question 81. Is a half-sister entitled to inherit? If not, is she entitled to maintenance?
Answer. All the tribes reply that she cannot inherit, but is entitled to maintenance till her marriage. In Spiti, however, in the absence of a real sister, a half-sister is entitled to inheritance and she also receives preference to real sister’s son.
Instances. In Village Lari, Kothi Sham (Spiti), the inheritance of Rangrole Dawaj devolved upon his half-sister Mst. Tashi, daughter of Tandop Zangpo, in preference to the sons of his real sister.
Exceptions. Nil.
Question 82. Where the collaterals succeed, will the heirs in different degree of a man get the same which he would have got if his ancestor was alive?
Answer. The reply is in affirmative in the case of whole Sub-Division.
Instances. Nil.
Exceptions. Nil.
Question 83. If a person voluntarily reties from the world and becomes a member of a religious order, what is the effect on:-
(a) his right to retain his own property?
(b) His right to succeed to other property upon whom will devolve property which he would have succeeded to but for his retiring from world?
Answer. (a) If a man abandons the world , he retain his right over his property through his heirs may continue to enjoy it in his name. In Spiti, However, he loses his right over his own land and of succession to other property, and his rights accrue on his next younger brother.
(b) He succeed to other’s property as well.
Instances. One Mani Ram Brahmin of Kulu, became a member of the religious order. His property stood in his name and he also succeeded to the property of his uncle.
Exceptions. Nil.
Question 84. If a man dies leaving no relations, will the property revert to the owners of the Phati or Government? If so, in what shares?
Answer. It will revert to Government except in the case of Lahaul where it reverts to the village land-ownership as Shamlat.
Instances. (1) Dayaloo, Rajput of Mandalgarh, Tahsil Kulu, died leaving none to inherit the land reverted to the state and not to the village owners.
(2) Mst. Muru of Phati Ballagad, Sub-TahsilSeraj, died leaving none to succeed, the land reverted to the state and not to the village owners.
(3) Mutation No. 3288, Phati Manjha Desh; Mst. Brihmi died and there were nocollaterals or reversioners. The land was escheated to Government.
(4) Mutation No. 3192, Phati Nethar: The land of Mst. Sham Dassi was mutated in favour of the State in the absence of legal heirs or collaterals.
ALIENATION
Question 85. where a widow, mother, step-mother, daughter, granddaughter or a sister succeeds to immoveable property, can she mortgaged , exchange or create occupancy rights in such property? If so, under what circumstances and to what extent?
Answer. Each one has a limited interest and in case the reversioners exist they cannot alienate the property except for very genuine needs such as marriage, education of children, etc. In Spiti each one has got an absolute right.
Instances. (1) Mutation No. 3763, Phati Kharshal in which the Will was not acted upon, as it was executed by a widow.
(2) Mutation No. 3302 Phati Neathat: Mst. Tapto, Rajput, widow sold her share of the land to Atma Ram etc.
(3) Mutation No. 4602, Phati Manjha Desh: Mst. Dahmno, daughter of Anup Ram, Rajput, sold her land to on Sidhu Koli.
Question 86. Can the above-mantioned females make a gift or will of such property? If so, under what circumstances and to what extent?
Answer. All reply that they cannot do so except when there are no reversioners. In Spiti they have absolute rights.
Instances. (1)Mutation No. 3763, as in answer to question No. 85.
(2) Mutation No. 211, Phati Bainchi, Kothi Raison, by Mst. Dasmon in favour of her daughter and son-in-law.
(3) Mst. Chhekingmo, wife of Chhopal Chhring, of Kothi Sham, gifted her land to Chhetan Namgial (See Mutation No. 125. Kothi Barji, and 316, Kothi Sham).
(4) Mutation No.4369, Phati Manjha Desh Mst. Karam Dassi, daughter of Dhanrath, Rajput, gifted land to one Dila Ram.
Qustion 87. Can a female alienate property for religious or charitable purpose? If so, to what extent?
Answer. No, She can only do so if no reversioners are present. In Waziri Spiti a female has got full powers being the absolute owner.
Instances. Nil.
Exceptions. Nil.
Question 88. Can a female alienate her property to a stranger in the absence of reversioners?
Answer. Yes, She is liberty if she has no reversioners.
Instances. Mst. Prabhi, Rajput, of Phati Khrarl, gifted land inherited by her from her husband, to an outsider as she had no collaterals or reversioners.
Exceptions. Nil.
Question 89. Can a male proprietor sell, mortgage, exchange or create occupancy rights in the ancestral immoveable property:-
(a) In case there are male issues?
(b) In case there are only collaterals?
If the answer be in the affirmative, what are the circumstances under which it can be done?
Answer. All the tribes reply that a male proprietor can sell, mortgage, exchange and create occupancy rights in ancestral property for genuine pressing necessity-
(a) in the presence of male descendants.
(b) In the presence of collaterals.
He has, however, full rights over the self-acquired property.
Instances. Mutation No. 2399 mortgage, 3097 gift, 3094 sale and 3026 exchange of Phati Kharal, Tehsil Kullu.
Exceptions. Nil.
Question 90. Can a male proprietor make a gift or will of his ancestral property in favour of one of his heirs to the exclusion of others, out of natural love and affection? If so, under what circumstances?
Answer. All the tribes reply that he cannot do so.
Question 91. Can a male proprietor make a gift or will of his ancestral property to daughter or daughter’s son, sister or sister’s son out of natural love and affection:
(a) In the presence of male lineal descendants?
(b) In their Absence?
Answer. All the tribes reply that he cannot do so in the presence of male lineal descendant, but he can do so in their absence.
Question 92. Can a male proprietor make a gift or will of ancestral property in lieu of services to:-
(a) Daughter or daughter’s son?
(b) Sister or sister’s son?
(c) One of his collaterals of equal degree?
(d) One of his collateral or remoter degree?
(e) Strangers?
Answer. (a) Yes.
(b)Yes.
(c) Yes.
(d) Yes.
(e) Yes.
Instances. (1) Hirde Ram, Son of Tule, of Halam, Kothi Naggar, gave by will his property to his daughters, Mst Khemi and Mst Mandasi in lieu of services. The collaterals went to court but the will remained in force and the daughters are still holding the land.
(2) Maine, Rajput, Kothi Shansha, gifted his land to Mst chhring Buti, his daughter. Mutation No. 507(Kothi Shansha).
(3)Mutation No.2429, Phati Franail, Jawaloo, Rajput, gifted his land to a stranger Gopal Dass.
(4) Mutation No. 4228, Phati Manjha Desh, Hamir Dass and Bishan Dass Rajputs, gifted land to their sister Mst. Amblo.
(5) Shukru Brahmin, of Phati sharchi, gifted land to Brikam Singh of Kothi Kharagad.
Question 93. Can a male proprietor make a gift or will:-
(a) for religious or charitable purpose?
(b) By way of dowry to his daughter? If so, to what extent?
Answer. (a)Yes.
(b) Yes. (Only in small quantity compatible with the holding). The extent depends upon the status of the donor. Generally it is one to two bighas.
Instances. (1) Shetoo, son of Dille Ram, Rajput, gave to his daughter Mst. Sito one Bigha 11 biswa of land at the time of her marriage (mutation No. 111, Phati Jinsur, Kothi Sari).
(2) Sangat Ram, son of Jhura, Rajput, in Phati dethwa, gave 1 bigha, 10 biswas of land to his daughter as dowry on marriage (Mutation No. 1931).
(3) Mutation No. 3710, Phati Nethar, Sen Koli, gifted land for religious purposes to one Sagni.
ADOPTION AND APPOINTMENT OF HIER
Question 94. (a) Can a person adopt? If so, under what circumstances?
(b) What formalities are necessary to constitute a valid adoption?
Answer. (a) Amongst Rajputs, Harijans, Kolies, Khatries and Mahajans, a person can adopt a son provided he has no male lineal descendant.
Amongst Bairagies and Goshians, there is no custom to adopt son. A chela is adopted even in the presence of a male lineal descendant amongst them. Chelas are two kinds, Sewak and Kaltoot. The rights of a Kaltoot Chela are the same as those of an adopted son amongst other tribes. The Sewak Chela has neither the privilege of performing the same ceremonies as an adopted son, nor he can inherit the property.
(b) The following ceremonies are performed in adopting a son-
The boy is taken in the lap of the adopter and given milk to drink. Generally a document is also executed. The brotherhood is given a feast. In Spiti, however, ceremonies are slightly different. The adopter takes a bottle of liquor to the house of the boy to be adopted. He also offers a pony and a churu cow along with a sum of Rs.100, according to the financial position of the person. The adopter then brings the boy to his house. Generally a feast is given. Then the other villagers invite the adopter and the adopted son to meals in their houses.
Instances. (1) Rang Choke Dorje, son of Dorje Chhetan, Lambardar of Village Lara, Kothi Barji, adopted one Chouba, son of Lobzang, aged 16 years, village Dhanker, Kothi Sham, as the former had no son.
(2) Tule Ram, son of Budhu, Rajput, of Phati Jindaur, Kothi Sari, adopted Uttu by a registered deed. Tule Ram inherited the property of his adopted father on latter’s death.(Mutation No.71 of Phati Jindaur, Kothi Sari).
Exceptions. Nil.
Question 95. Can the following adopt:-
(a) A man having male issues?
(b) A widow?
Answer.
(a) No.
(b) No.
Instances. Nil.
Exceptions. Nil.
Question 96. Is it necessary that the person adopted should be a collateral of the adopter? Can a daughter’s son, sister’s son, pichhlag or a stranger be adopted?
Answer. All the tribes say that anybody can be adopted. There is no restriction except that the adoptee should be of the same tribes as the adopter.
Instances. Mutation No. 3182, Phati Kharal. Mutation No. 398, Phati Doghilag.
Exceptions. Nil.
Question 97. Can a man who has already adopted, adopt an other person during the lifetime of the first? How does the subsequent adoption affect the previous one?
Answer. All the tribes say that the system of subsequent adoption in the lifetime of the 1st is not permitted by local custom.
Instances. Nil.
Exceptions. Nil.
Question 98. May a man give in adoption:
(1) Only son?
(2) Eldest son?
Answer. (1) Yes.
(2) Yes.
Instances. Nil.
Exceptions. Nil.
Question 99. Is it necessary that the adopted son should be under certain age? If so, up to what age is adoption allowable?
Answer. There is no hard and fast rule as to the adoption; but the adoptee should be younger in age than the adopter and should like his son.
Question 100. Is an adopted son entitled to succeed to his natural father, in case of the latter having no other lineal issue, does it make any difference if his natural father has a lineal issue?
Answer. All the tribes reply that he can succeed to his natural father, in case the latter has no lineal issue. But in the presence of lineal issue he is excluded from succession.
Instances. Nil.
Exceptions. Nil.
Question 101. What is the effect of the birth of a son after adoption? Does the adopted son take an equal share with the natural son or less?
Answer. All the tribes reply that the son born after the adoption is entitled to an equal share with the adopted son. While in Spiti the son born after adoption succeeds the father and the adoptee is given maintenance only.
Instances. Mst. Sukhdasi of Kothi Warpa, Waziri Lahaul gave birth to a son after adoption. The son and the adoptee succeeded in equal shares.(Mutation No. 540).
Question 102. Can an adopted son succeed collaterally-?
(a) In the family of his adoptive father?
(b) In the family of his natural father?
Answer. All tribes reply:
(a) Yes.
(b) No.
Instances. Nil.
Exceptions. Nil.
Question 103. Who succeeds to the property left by an adopted son dying issueless- the collaterals of his natural father or those of his adoptive father?
Answer. All the tribes say that the collaterals of the adoptive father will succeed to the property taken from the adopting (appointer) father while the property of the natural father will go to collaterals of the natural father.
GHAR JOWAI
Question 104. Does the custom of appointing a Ghar Jowai exist?
Answer. The custom of appointing a Ghar Jowai exists in Lahaul and Spiti and is rare in Kullu and Seraj.
Instances. Nil.
Exceptions. Nil.
Question 105. What are the conditions and formalities required for the appointment of a Ghar Jowai?
Answer. A Ghar Jowai is generally appointed when the appointee has no son. He should live with his father –in-law and serve him as his son. The daughter should also live in her father’s house. A general feast is given to the brotherhood and other prominent men of the village, when the announcement of the appointment of Ghar Jawai is made. A written agreement is also executed to this effect by the Ghar Jawai. In Lahaul and Spiti the daughter goes to Ghar Jowai and brings him in marriage.
Instances. Nil.
Exceptions. Nil.
Question 106. What are the rights of a GharJowai to inherit-
(a) from his father?
(b) From his father-in-law?
Answer. (a) Inherits from his father in Tehsil Kullu and Sub-Tehsil Seraj, whereas in Waziris Lahaul and Spiti, he does not.
(b) He also inherits from his father-in-law in the absence of his widow or children, the wife having died before his father-in-law. The same custom is followed in Lahaul and Spiti.
Instances. Nil.
Exceptions. Nil.
Question 107. Does the Ghar Jowai succeed collaterally-
(a) In the family of his father?
(b) In the family of his father-in-law?
Answer. (a) Yes, but in Lahaul, However, he cannot succeed collaterally in father’s family.
(b) No.
He has no right to succeed collaterally in the family of hid father-in-law.
Instances. Nil.
Exceptions. Nil.
Question 108. On the death of the proprietor, does the property go the daughter herself or to the Ghar Jawai?
Answer. The property first devolves upon the daughter and then on her sons with the Ghar Jowai and in their absence on the Ghar Jowai.
Instances. Nil.
Exceptions. Nil.
Question 109. On the death of a daughter (wife of a Ghar Jowai) leaving a husband and children, does the property go the children?
Answer. The property goes to the children.
Instances. Mst. Tilko, of Phati Basturi, died after having got the land gifted from the father. The land went to her husband Chetu, Rajput, on her death, as she had no children(mutation No. 38, Phati Basturi, Kothi Sari).
Exceptions. Nil.
POLYANDRY
Question 110. Recognition custom-is the custom of Polyandry recognized?
Answer. In Tehsil Kullu and Waziri Inner Seraj of Sub-Tehsil Seraj and Waziri Spiti this custom is not recognized. In Outer Seraj an dSub-Tehsil Lahaul, this custom is followed amongst all tribes.
Instances. (1) Dile Ram and Kahan Chand, sons of Jatu, Caste Brahmin, of Kothi Tandi, together have one wife.
(2) Chharing Ram and Kotu, two brothers of caste Lohar, of Kothi Gumrange, have one wife only.
(3) Pama and Pama Angrup, both brothers, caste Rajput, of Kothi Warpa, have one wife.
Question 111. Wife of many husbands- When a woman has more than one husband, should they necessarily be the sons of the same father? Can they be amongst the collaterals or can they be strangers to each other?
Answer. This question does not arise in the case of Tehsil Kullu, Waziri Spiti and Inner Seraj. In Sub-Tehsil Lahaul and Waziri Outer Seraj if a woman has more than one husband, they should not necessarily be the sons of the same father but should be cousins.
Instances. Nil.
Question 112. Parentage of issues- in case of issues of a polyandrous marriage, how is the parentage determined?
Answer. This question does not arise in the case of Tehsil Kullu, Waziri,Inner Seraj and Spiti. In Sub-Tehsil Lahaul and Waziri Outer Seraj the parentage is determined on the statement of the woman. If it is disputed then the eldest son is considered to be the son of the eldest brother and so on.
Instances. Nil.
Exceptions. Nil.
Question 113. (a) Supposing three brothers have a common wife. One dies without leaving any issue, would the property got o his wife as his widow or to his remaining brothers?
(b) In case, if on the above question the property goes to woman, would she also succeed to the property of second husband in case he also dies issueless?
Answer. (a) The property would goto the brothers and not to the woman in Waziri Lahaul and Outer Seraj.
(b) This question does not arise.
Instances. Nil.
Exceptions. Nil.
Question 114. Supposing there are 5 brothers and three of them have a common wife and all the three husbands die issueless, would the common wife as their widow exclude the other brothers from the deceased husband’s own inheritance?
Answer. The common wife will get only the share of the husband dying Waziris Lahaul an Outer Seraj. In the remaining part of the Sub-Division, this question does not arise.
Instances. Nil.
Exceptions. Nil.
Question 115. If three brothers have got a common wife and there are more brothers also and if there is one son from that woman, would that son succeed to the property of all the husbands of his mother to the exclusion of the remaining brothers who were not husbands of the woman?
Answer. He will succeed only to the property of the husband, who is entered as his father in the Chowkidara Register in Wazirin Outer Seraj and Sub-Tehsil Lahaul, and not to the property of his other step-father. In the remaining part of the Sub-Division this question does not arise.
Instances. Nil.
Exceptions. Nil.
Question 116. If a woman is the common wife of three brothers and one of them dies leaving a daughter, will the daughter exclude her mother to inherit the property of her deceased father?
Answer. The daughter will succeed to the property of her deceased father in preference to mother in Waziri Outer Seraj and Lahaul. In the remaining parts of the Sub-Division the question does not arise.
Instances. Nil.
Exceptions. Nil.
STRI DHAN
Question 117. What is the special property of a woman? Describe “Stridhan”
special property of woman? What are the different descriptions of property that
come under this category?
Answer. The special property of a woman is that which is given by her parents in the form of dowry on the occasion of her marriage. It can be moveable property like ornaments and jewels or immoveable property such as houses and land. The property either landed or moveable which the parents of the boy give to the girl in retain for marriage is also called “stridhan”.
Instances. Nil.
Exceptions. Nil.
Question 118. Husband’s powers over Stridhan- Define the extent of power of the husband over the Stridhan of his wife? Can he make use of on alienate it by sale, gift or mortgage? If so, under what circumstances?
Answer. The husband cannot alienate or otherwise put to use such property without the consent of his wife. In case the wife leaves the husband, the latter can claim back the “Stridhan” which he had given to her, in return for marriage.
Instances. Mst. Kubjan, wife of Kunju, left her husband and the land given to her by him was returened to the husband(mutation No. 170, Phati Gojra, Kothi Jagatsukh).
Exceptions. Nil.
Question 119. Woman’s power of alienating “Stridhan” –Can a –
(1) married woman.
(2) Widow.
Answer. (1) Yes. They have full rights.
(2) Yes. They have full rights.
Question 120. Succession to Stridhan-Upon whom Stridhan of a married woman successively devolves?
Answer. When the woman dies, her sons succeed to the Stridhan and if there are no sons, then daughters. In the absence of such heirs, the property goes to her husband. In Spiti, However, ornaments and clothes are the rights of daughter the entire property devolves on the son. In the absence of both the land goes to the husband and other immoveable property is given in alms to a Gonpa. In the absence of all of them, the moveable property is given in alms to a Gompa and the land reverts to the father of the woman or his collaterals.
Instances. Nil.
Question 121. If a woman acquires other property with the income of Stridhan, would it be regarded her absolute property or would it form a part of her husband’s estate?
Answer. The property so acquired is regarded as her special property. It cannot form part of the property of her husband.
Instances. Nil.
Exceptions. Nil.
PARTITION
Question 122. When a proprietors his
land whether his wives whether issueless
or with children entitled to shares?
Answer. A woman is generally not entitled to a share when she has children. In case there is childless second wife, she will get share equal to a son.
Question 123. In the case of partition between brothers, will the following have a right to share in lieu of maintenance:-
(a) A mother or step-mother?
(b) Grandmother or step-Grandmother?
(c) Widow or widows of a pre-deceased son or sons?
Answer. All the tribes say that they cannot claim a share but they are given some land for maintenance till death which is not entered in revenue records.
Instances. Nil.
Exceptions. Nil.
Question 124. Can a widow, or a widow of a pre-deceased son, or an unmarried daughter, a sister or any other female in possession under life tenure, claim partion?
Answer. All the tribes reply that they can claim partition.
Instances. Mst. Bhagti got the land petitio9ned with Dino and Lotu (Mutation No. 48 of Phati Gojra, Kothi Jagatsukh).
BACHITTAR SINGH
Assistant Settlement Officer, Kullu.
5 th November, 1952
APPENDIX “A”
Life of representatives present in the meeting of Sub-Tehsil Seraj held at Banjar.
1. Nikka Ram, Brahmin of Shakari.
2. Saran Dass, Sarpanch of Shakari.
3. Uttam Ram, Member, District Board, Seraj.
4. Sangat Ram, Negi of Bunga.
5. Bed Ram, Negi, Manglore.
6. Hiru Ram, Lambardar of Balagar.
7. Thakar Dass, Negi of Sharchi.
8. Tej Ram, Negi of Tung.
9. Led Ram, Lambardar of Chethar.
10. Khim Dass, Negi of Nohandee.
11. Narpat Ram, Rajput of Banjar.
12. Ude Ram, Negi of Chehni.
13. Bhole Ram, Lambardar of Shakari.
14. Tej Singh, Negi of Gopalpur.
15. Anup Ram, Lambardar of Bihar.
16. Dola Singh of Chethar.
17. Tule Ram of Palach.
18. Ude Ram of Palach.
19. Dharmu of Sapnil.
20. Tule Ram, Lambardar of Tinder.
21. Mani Ram, Rajput of Tinder.
22. Tulsi Ram, Lambardar of Silli.
23. Moti Ram, Lambardar, Kothi.
24. Devi Ram, Negi of Talokpur.
25. Dot Ram, Rajput of Banjar.
26. Moti Ram, Negi of Fatehpur.
27. Bhimi Ram, Lambardar, Tarangali.
28. Chande Ram, Lambardar, Mashier.
29. Rattan Dass of Chhni.
30. Jawala Singh of Tung.
31. Saran Dass, Rajput of Talokpur.
32. Tateh Ram, Rajput of Shapnil.
33. Nand Lal, Rajput of Sharchi.
34. Shukru, Koli of Khabal.
35. Baru, Harijan of Palach.
36. Parenu, Koli of Manglore.
37. Ses Ram, Nrgi of Palach.
38. Patu, Brahman, Kothi Fatehpur.
39. Jhabe Ram, Brahman of Banjar.
40. Charanji Lal, Sapanch of Banje.
List of representatives of Tehsil Kullu, Waziris Lahaul and Spiti present in the meeting held at Kullu.
1. Devi Singh, Negi of Kias.
2. Hari Singh, Negi of Maharaja.
3. Prohat Chandar Shekhar of Dhalpur, Kullu.
4. Padha Nai Nand Lal of Katrain.
5. Gupat Ram, Brahmin, Katwal of Jagatsukh.
6. Thanu, Lambardar,Hallau.
7. Master Dugalo Ram, Lambardar Brahmin.
8. Main Kishan Singh, Retired Tehsildar.
9. Main Budhi Singh of Gadsa.
10. Nank Chand, Negi, Baragarh.
11. Mahant Chet Ram of Kullu.
12. Jagat Ram, Panch of Dwara.
13. Parsu Kardar of Soil(Kais).
14. Mahant Nar Singh Dass of JagatSukh (Beragi).
15. Jagat Ram, Ex., Negi, Gosian of Naggar.
Roshan Thakur
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