The Todas

by W. H. R. Rivers

If one of several brothers who has his own wife should die and leave children, the sons would take their father’s share at any division of property. Thus, at the time of my visit, Piutolvan and Püljeidi (10), two very old men, were thinking of dividing their buffaloes among their descendants. In this case Menkars would receive the number which his father Tagners would have received if he had been alive. If Tagners had left two sons, the portion which their father would have received would be divided between the two boys or devoted to their common use.

Daughters inherit nothing. They only receive from their parents what they are given as dowry (adrparn).

Any property given to a woman as dowry goes with her if she changes husbands, but any ornaments or other property given to a wife by her husband are kept by the husband if the wife is transferred to another man or group of men.

Harkness records a case in which a dispute about property arose. In this case a woman bore two children to three husbands. One of the husbands died and the other two husbands married other wives. The two children claimed one-third of the property of the mother and her first husband, and Harkness was told that this was generally recognised to be a just claim. I did not inquire into this special case but according to the laws of inheritance of property which I have given, it would seem that the children were entitled to [[564]]one-third of the whole of the property of the three brothers. If the property had been divided among the three brothers, the man who died would have received one-third, and the children should have received his share.

In all cases of distribution of property, inheritance depends on descent as determined by the pursütpimi ceremony, and not on the real descent, even if this should be well known. Thus the boy Meilitars (44), who is really the son of Kuriolv, but is legally the son of Pepners, should not inherit any of Kuriolv’s buffaloes, but will receive those of his legal father, Pepners, of whom at present he is the only son.

If the whole of a family, such as is given in one of the genealogical tables, should die out, the inheritance of the buffaloes and other property is determined by the nearest links of descent, of which a tradition may be preserved, even if the actual relationship cannot be definitely traced.

Several interesting features of Toda law are illustrated by a case out of which a lawsuit may one day arise. If the family of Kiugi (57) should become extinct, there would arise a dispute about the succession to the property, which would turn largely on a case in which the pursütpimi ceremony was performed several generations ago. When the eldest child of Tudrvan (52) was about to be born, Tudrvan was away from home, and had not performed the pursütpimi ceremony. There was a danger that the delivery might take place before the ceremony could be performed, and Kòrs (57) was therefore called in to give the bow and arrow, and Teitchi, who was born soon afterwards, was, according to Toda custom, the child of Kòrs. When Teitchi grew up, however, he decided to regard himself as the son of his real father, Tudrvan, and being a powerful and influential person like his grandson Kuriolv, he appears to have had his way, and his descendants have been regarded as the descendants of Tudrvan. Tudrvan himself gave the bow and arrow in the succeeding pregnancy, and there is therefore no doubt about the legitimacy of Pusheiri and his younger brothers and sisters.

Owing, however, to the part played by Kòrs before the birth of his grandfather, Kuriolv has lately directed that Kiugi, the son of Kòrs, should belong to the same pòlm as [[565]]himself in order that he or his family may succeed to the buffaloes of Kiugi’s pòlm if this should die out. It is known, however, that Kiugi’s pòlm is closely related to that of Tüliners (56), so that should the pòlm of Kiugi become extinct, there would arise a lawsuit between Kuriolv and Tüliners or their representatives for the possession of Kiugi’s buffaloes.

The essential point of the situation is that Kuriolv is trying to make use of his double position as the descendant of Tudrvan by real paternity and of Kòrs by virtue of the pursütpimi ceremony. According to the latter he is of the same pòlm as Kiugi, but if equity prevails in the decision of the naim which may have to settle the dispute, Kuriolv or his representative will have to decide whether he is descended from Tudrvan or Kòrs, and will not be allowed to take advantage of both lines of descent.

As a matter of fact, I was assured by several Todas that though they have apparently fallen in with Kuriolv’s wishes, they still regard Kiugi’s pòlm as most closely allied to that of Tüliners, and if Kuriolv should die before the extinction of Kiugi’s family, I have little doubt that the naim would decide that the buffaloes of Kiugi should go to the family of Tüliners.