In conclusion it should be stated that the great drawback attaching to divorce in ordinary communities, i.e. the effect that it has on the lives of the children of the marriage, does not apply to the Khasis, for with them the children always live with their mother and their mother's family, which latter would be bound to maintain them in the event of a divorce.
Inheritance.
The Khasi and Synteng laws of inheritance are practically the same, although in some of the doloiships in the Jaintia Hills there are some slight differences. The War law of inheritance differs greatly from that of the Khasis, and the customs of the Bhois or Mikirs, who inhabit the Bhoi doloiship of the Jaintia Hills, are totally different from those of the Khasis, thereby supplying another link in the chain of evidence in support of the conclusion that the Bhois, or, more correctly speaking, the Mikirs, are of Bodo origin, and not Khasi or Mon-Anam. The Lynngams follow the Khasi law of inheritance. It will be convenient to describe the Khasi law first, and then to pass on to the special customs in vogue in the different doloiships in the Jaintia Hills, and, finally, to describe the Wár, Bhoi and Lynngam customs.
The Khasi saying is, "long jaid na loa kynthei" (from the woman sprang the clan). The Khasis, when reckoning descent; count from the mother only; they speak of a family of brothers and sisters, who are the great grandchildren of one great grandmother, as shi kpoh, which, being literally translated, is one womb; i.e. the issue of one womb. The man is nobody. If he is a brother, u kur, a brother being taken to mean an uterine brother, or a cousin-german, he will be lost to the family or clan directly he marries. If he be a husband, he is looked upon merely as a u shong kha, a begetter. In some of the War villages a newly married man is spoken of by the bride's family as, "u khun ki briew," some one else's son. It is, perhaps, somewhat of a paradox under the circumstances that wives should address their husbands as "kynrad," or lord. There is, however, no gainsaying the fact that the husband, at least in theory, is a stranger in his wife's home, and it is certain that he can take no part in the rites and ceremonies of his wife's family, and that his ashes after death can find no place within the wife's family tomb, except, in certain cases, amongst the Syntengs. Further, the ceremonial religion amongst Khasis, especially that of the home, is in the hands of the women. It is, therefore, perhaps not to be wondered at, considering the important status assigned to women by the Khasis, that women should inherit the property and not men. The rule amongst the Khasis is that the youngest daughter "holds" the religion, "ka bat ka niam." Her house is called, "ka iing seng" and it is here that the members of the family assemble to witness her performance of the family ceremonies. Hers is, therefore, the largest share of the family property, because it is she whose duty it is to perform the family ceremonies, and propitiate the family ancestors. The other daughters, however, on their mother's death are entitled, each of them; to a share of their mother's property, although the youngest daughter gets the lion's share, e.g. the family jewellery, and the family house, and the greater part of what it contains. The youngest daughter cannot dispose of the house without the unanimous consent of her sisters. If the youngest daughter dies, she is succeeded by the next youngest daughter, and so on. All the daughters are bound to repair the house of the youngest daughter free of cost. In the event of the youngest daughter changing her religion, or committing an act of sang, or taboo, she loses her position in the family, and is succeeded, by her next youngest sister, as in the case of a death. Failing daughters, inheritance would pass by the "knight's move" to the sister's youngest daughter, who would be succeeded by her youngest daughter, and so on. Failing sister's daughters succession would revert to the mother's sisters and their female descendants. In the Jaintia Hills the inheritance of all real property passes from mother to youngest daughter. No man in the uplands of the Jaintia Hills can possess landed property, unless it is self-acquired property. In the Jaintia Hills, if a man dies and leaves acquired property, his heir will be his mother, if alive, excluding wife, sons, and daughters. If the wife, however, undertakes not to re-marry, she will inherit half of her husband's property, which at her death will descend to her youngest daughter by him.
Amongst Khasis all property which has been acquired by a man before marriage is considered to belong to his mother; indeed it may be said to belong to the man's kur, or clan, such property being called by Khasis, "ka mai iing kur" (the earnings of the house of the clan). After marriage, if there are children, the case is different, provided that the property has been acquired by the man after marriage. Here the wife and children would inherit the acquired property, the youngest daughter obtaining the largest share of such property on the death of the wife. If there were no daughter, the acquired property would be equally divided amongst the sons.
The following examples of the Synteng law of inheritance are taken from the exhaustive diaries recorded by the late Mr. Heath, who was for some years Sub-Divisional Officer of Jowai. In the Nongkli doloiship ancestral land passes from mother to her youngest daughter; again, if a youngest daughter who has so acquired dies, the next youngest in point of age succeeds. Should such direct female succession fail, the family tree has to be looked up for the nearest branch, in which the youngest female, or her youngest female descendant, succeeds. Thus, respecting ancestral land, the youngest daughter, or youngest female descendant of youngest female heir, is virtually heir to entailed property. If a woman dies leaving acquired property, her youngest daughter or youngest granddaughter of that youngest daughter succeeds to all. In default, next youngest daughter, and so on. In default of daughters, the youngest son inherits. A man can hardly, in any circumstances, possess ancestral land; his property must almost necessarily be self-acquired. If a man dies leaving acquired property, his heir will be his mother, if alive, excluding wife, sons, and daughters. If the wife undertakes, however, not to marry again, she will get half, which will descend to her youngest daughter by her deceased husband. The mother, who thus gets the whole or half of her son's property, leaves it to her youngest daughter, or youngest daughter of that daughter, and so on, as described above in the ease of a woman leaving ancestral or acquired property. If there is no mother, the man's youngest sister stands next heir with the same right as her mother. If there is no mother or sister, then the sister's female descendants stand in the man's mother's place. If there are none of these, then the man's youngest daughter succeeds to all. Ancestral property cannot be alienated without the consent of all the heirs in the entail. A gift of self-acquired property to any amount can be made by a donor during his lifetime. Acquired property cannot, however, be left by will out of the course sanctioned by custom. In the Amwi doloiship a widow who consents to pay the costs of her husband's funeral, provided she agrees not to re-marry, inherits half of her husband's acquired property.
In the Wár country the children inherit both ancestral and acquired property in equal shares, both males and females, with the exception that the youngest daughter is given something in addition to her share, although not such a large share of the property as amongst the Khasis. Amongst the Mikir-Bhois, i.e. the Mikirs who inhabit the Bhoi doloiship of the Jaintia Hills, the law of inheritance is totally different from that of the Khasis, for males succeed to all property, whether ancestral or acquired. Thus, if a man dies, leaving son, mother, wife, and daughters, the son takes all. If there are several sons, they divide. If there are no sons, the property goes to the nearest male heir. If a woman dies, leaving husband and children, the husband takes all. If the husband is dead, and there are sons and daughters, the former inherit. The great difference in the custom of inheritance between Khasis and Bhois is, as I have already pointed out, part of the evidence that these people are of different origin.
The Lynngam law of inheritance is the same as that of the Khasis. The youngest daughter obtains the largest share of the ancestral property, the remainder being divided between the remaining daughters. The sons do not get any share. The rule is also said to apply with regard to acquired property.
Adoption.
Both Khasis and Syntengs observe a custom known as 'rap iing (an abbreviation for ia rap iing, literally, to help the house). This is practically adoption. If in a family the female members have died out, the male members of the family are allowed by custom to call (khot) a girl from some other family, to act as ka'rap iing, and to perform the family religious ceremonies, and therefore to inherit the family ancestral property. The female so introduced into the family then takes her place as ka khun khadduh, or youngest daughter, and becomes the head of the house (ka trai iing). The adoption of a female obviates the family dying out (iap duh), which to the Khasi is a very serious matter, inasmuch as there will then be no one qualified to place the bones of its members within the family tomb (ka ba thep shieng mawbah), and to perform the requisite funeral ceremonies. Amongst the Khasis no particular ceremonies are performed at the time of adoption; but some of the Syntengs observe a religious ceremony which consists largely of a feast to the clans-folk, at which liquor, rice, dried fish, and ginger are partaken of. Before the feast commences, each clansman is provided with a small gourd (u klong) filled with liquor, a little of the latter is then thrown on the ground from the gourd, and the following words are uttered:—"Oh, God! oh, Lord! oh, ruling king Biskurom, now the pynrap iing ceremony is about to be performed, let the ceremony be propitious, and let males and females (of the clan) increase in numbers, so that the clan may become great, and respected, and that intelligent male members may spring up." No such ceremony is, however, observed, it is understood, in the Nartiang and Raliang doloiships.