The tribes and castes of the North-Western Provinces and Oudh, Volume 2 (of 4)Crooke, William
History
The tribes and castes of the North-Western Provinces and Oudh, Volume 2 (of 4)
Crooke, William
Caste -- India -- History; Hindus -- India; Tribes -- India -- History
[Adoption.] 6. Only a sonless man can adopt, and that only with the
consent of his brethren and the council. A man usually adopts his
brother’s son, though occasionally the adoption of a daughter’s son is
allowed. A man may adopt if his only son is a permanent outcast. During
the life of one adopted son a second cannot be adopted. Curiously
enough a bachelor can adopt, but not a blind man, or a cripple, or an
impotent man, or a Jogi, or a woman, except a widow following distinct
instructions from her late husband given before witnesses. But in any
case she can adopt only one of her husband’s brother’s sons. A man
cannot give his only or eldest son or only brother in adoption. A boy
once married cannot be adopted: nor can a girl be adopted: nor a
sister’s son: nor a daughter’s son except in most exceptional
circumstances. As a rule a son adopted by another loses all rights to
his father’s estate, but cases are quoted to the contrary. If he be his
father’s only son he inherits in both houses. If a natural son be born
after adoption he and the adopted son share equally.
[Beena marriage.] 7. The custom of Beena marriage or gharjaiyân does
not prevail.
[Succession.] 8. In all cases the sons of a man are his heirs.
Primogeniture is so far observed that the eldest gets a tenth in excess
of everything, and the children of the first or senior wife get
something more than the others. The shares go by the sons, not by the
mothers. A man cannot select a special son in his lifetime to be heir
in excess of the others. Even if one son be better off than the others
by self-acquired property, dowry, etc., he gets his usual share.
Grandsons get their proportionate share in the inheritance of their
fathers. If there are no sons the associated brothers inherit equally.
The widow has a right to maintenance so long as she continue chaste: if
she becomes unchaste her husband’s brothers can expel her. A daughter
has no rights, but it seems to be usual for the brothers to give her
some of the family jewelry, etc., and if she is badly treated by her
husband or his friends she has a right to come back to her original
home and claim maintenance there. If a man die without a son or widow
his associated brothers succeed. If a widow marries while pregnant, and
a son is born, he will succeed to his real not to his step-father. If
the widow on remarriage takes little children with her the step-father
is bound to support them until they grow up and get them married. If a
man become an ascetic his sons get his estate: but a remarkable rule
prevails that in such case the sons get only the acquired property of
their father, while the ancestral property goes to his brothers.
Village and tribal offices such as that of mahto are ancestral: but if
the eldest son of the deceased proves unfit, the duty is made over to
one of his elder brothers.
Public-domain text, read in full here on John Shaqi.
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