Law of Succession in Manipur and Nagaland
Local Custom Laws of
Succession
Indian Christians who are converts from tribes such as the
Khasis ,Garos, Nagas in the North East India are exempted from Indian
Succession Act. This is because they continue to follow their customary laws of
inheritance despite conversion. The Catholic Church has also recognized these
customary laws as valid.
Nagaland
Many
tribes in Nagaland doesn’t allow any
share of the women in the property during succession. Naga women couldn't inherit land because of Customary
Patriarchy Laws. Property is inherited by male heir and women are not entitled
to inherit sucession, in the absence of
male heir, the nearest male relative would inherit the property. If the daughter is unmarried
then she can stay at parent’s house but she is
just a keeper, she doesn’t have right to sell the property, once the
daughter got married then she loose the right to her parent’s property. a Naga woman cannot call the field in which she works
her own, or lay claim to house she manages or even her kitchen garden. If it is
ancestral property, she is not entitled to inherit it.
The
only exception is acquired property – parents can gift their daughters land.
But after her death, that land will not go to her heirs; it will be returned to
her clan.
Domicile
As per Section 5 of Indian
Succession Act, succession to immovable property is law of the place where property is situate wherever
the deceased might have had his
domicile.
Manipur
In the hilly areas
of Manipur as per their custom women are not allowed to inherit parental
property. But in the valleys of
the Manipur, parental property are distributed amongst their sons and
daughters. However in Manipur sons are always given preference. Although
Indian Sucession Act has been extended
to Manipur by the Union Territory(Laws )amendment act 1956.
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