The BENGAL INHERITANCE REGULATION, 1793
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1793 Ben. Rcg.ll] l NHERITANCl·, 33

###### BbNGAL REGULATION ll oF 1793
 (THE BE 'I GAL INHERITANCE REGULATIO T' 1793 )1

 (1st May, 1793)

 A Regulation for removing certain restrictions to the operation of the Hindu and ~luhammadan laws with regard to the inheritance of landed property subject to the payment of revenue to Government.

pro-

lding

l.lnds

###### l. A custom, oria;inating in comiderations of financial conve- Preamble.

ers of nience, was e~tal>lt-.hcd in hese Pr·wiucr.s under the Native
dents .Administration~. acc,>rding to which some of the most extensive
inter-

zamindancs arc not liable to division.

JI tlw
rates,

Upon the death of the proprietor of one of these estates it

ovc rn-

devolves entire t (J the eldest son or next heir of the deceased to

tdica.-

the exclusion of all other sons or re lations. '

###### ·em it

11 jo1ce

This custom is repugnant both to the Hindu and Muha mma-

_'innml_

###### dan laws, which annexed to primogeniture no exclusive right of
 police

succe, ion to bnded property, and con seq ucnlly subversive of

_12_ _oj_

the rights of those individuals who would be entitled to a share
###### of the estiltes in question were the est.Lblished laws of inheritance

~ also

allowed to operate with regard to them as well as all other

pp•·ar

estates.

; t, the

  - them

eport-

###### dccm

1g any ~ SHOH.f 'flTLI:. :-'1 his ~horttitl~ wa' p-iven by the Amendin~~; Act,

. to be 1897 (\'of J, 97), sinc-e t«:pl'aled.
###### udicial

##### '

71 il!illlll LQC,\L J~XfENT. -This regulaunn h:n heen declared, by noli cati.m

'76~ (12 und• r the Schtdulcd Di-trict Act, ISH (XI\ of 1871), ~!:cticn 3, to be in force

1n the Districts ol Co:ilp.tra ( excludin~ thr L:os ~ ern Duan · and Sylhet· u

 - d Salt '\outication :->;os. 12-IZ-J., d"tcd bt April U197 and l r;z.j, dated 3rd October

1819 in the ~1anual ol Loc I Rule-s and Order~. \'olum~ I, and Notilicallon

No. 713-L., dated 27th St ptembcr 1937.

SAVING.- I ho~ Rec:ulation dol'S not supcr~ede or efl'rct any established

usage by which thr sure ·~·ion to l:!ndcd c·stalt s dr-volve~ upon inteatacy to a

single heir suth<' Ben~al lnhrr itauoct' ~Cilulalion, 1800 (X of 1800), po,t,


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34. lNUERil ANCE [1793: **Ben. R** **eg.ll.**

###### It likewise t(•nds to prevent the general improvement of the

country, from the propriet ors of these large estates not having
the means or bei ng unable l<.' bestow the attention, requisite for
bring ing into cultivation the extensive trar.ts or waste la nd com-
prised in them.

###### For the above reasons, and as the limitation of th e public
demand upon the estates of individuals as the y now exist, and the
rules prescribed for apportioning the amount of it, on the !>Cvc ral
shares of any estates which mav be divided, obviate the ohjectiom
and inconveniences that mig ht have :uisen from such divi sions
when the public de mand wa~ lia ble lo a nnu al or frequ ent varia-

tion, the Governor General ir1 Council has enacted the following
rules :

Descent or 2. * * [1]ifauy zarni ndar, indr.:pcndent tal ukd.tr or oth er actual

l&nrled pro- p<>pril'tor tJf land shal l d ir without a will, or without h .l\in~
peny after d r·clarcd by a writ ing , o r vrrbally, Lo who·11 and in what manner
1st July his or her la nded p roper ly is Lo devolve after h is o r her demise,
1794

                         - and shall leave two or mor r: heirs, who by th e ~1ubamm u d .:m or

###### Hindu law (according as the part ies may be of the former or
 latter persuasion) may be respectively entitled to succeed to a
portion of the landed property of the d eceased , such persons sha ll

suceed to the shares to which they may be so entitled.

Estate how 3 If any zamindar, independ ent talukdar or other actual

held on proprietor of la nd sha ll clie              - u without a will, or without having

death or decl a red by a writiug or verbally, to whom and in what ma •. ncr

actual pro- his or her lantlcd property n to de volve after his or her demise,

prietor.

and shallledve two or mo re hei rs, who uy the ..\Iuharnmada n or
###### Hindu law (according as 1he parties may be of the former or
 latter persuasion) shall be: respectively entitled to su cceed to a

portion of the la nded p ropert y of the deceased , under the rule
coB taincd in (sertion 2) [3 ] such persons s hall be a t liberty, if they
shall prefer so tloing, to hold the property as a joint undi vided
estates.

###### If one or mo re, or all of the sharers, shall be desirous of

Ben. Act having separate pos,ession ol their respecti ve shares, a division of
VIII of

1876. the estate shall be made in the manner di rerte I in (the Estates

Partition Act, l 876]1 , and such sharer or sharers shall have the
separate possession of such share or sha 1 es accortl ingly.

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lWords amJ fagurcs as to dates, which were repealed by the Repe.1ling

Au, 1874 (XVI of 1874), are omitted.

The wcrds aud figures "subsequent to the period specified in section 2~

which were repealed hy the Repealing Act, 1874 {XVI of !874), are omitted.

' 'J he word and figure "section 2" ins. 3 werr substituted fo r the words

" that srction" by rhe Amending Act, 1891 lXII of 1891), {since repealed).

                       - ThesP worth ancl figures in ~quare brackets, in s. 1, were substituted fo r

the word and fi~ures ''Rebulation XXV, 1793," by the \mendin~ Act, 1891
(Xll uf 1891), smce rcpeakd. Ben. Act Vlll of 1876 has been rcpedled and
re-en:tcted by the Estates Pat tit ion Act, LR97 (BI-n. Act V of 1897), but nei ther

Ben. Act VIII of. 1 R76 nor Ben. Act V uf 1897 has been extended to Assam or

any part thereof,


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