Customary (Land)Law of Inpuis (kabui)

Abstract:  The Inpui (Kabui) indigenous tribe are one of  recognized Naga tribes of Manipur (Gazette of India, 2012). The majority of the Inpuis are settled in Haochong sud-division, Noney District, and in Tamenglong district, Manipur. Inpuis are also settled in Makuilongdi, Senapati headquarter and Inthan (Wephong). Chagangei, Tamphagei, Yurembam, Pantilong, Sagolband in Imphal west district.  Moreover, Inpuis are also settled in Nagaland and Assam as well.  

Image credit: Issac Nka

Introduction 

The practice of land owning system by Inpuis  has been rooted since immemorial time and in some aspect this  practice may varies from village to village. In Inpui custom, sale or transfer of land is restricted to any person other than his own villager or non-Inpuis /government is prohibited and women have no right to inherit the immovable property except in way of gifted or Will.  In term of ancestor  property, one cannot transfer a property that one expect to inherit in future. 

Land owning system  

The Inpuis community share different customary practice in land owning system that varies from village to village, there are four chief categories of land owned by the Inpui people viz..

1. Private land 

2. Clan land

3. Village land and 

4. Katang Ram Rat (Reserve forest)  

1. Private land:   

In this category an individual is a sole owner of the land that acquired or inherited either from his ancestor or purchased by cash or kind and owner have a right against sale or transfer except to any person other villager or non-Inpuis. In term of ancestor  property, one cannot transfer a property that one expects to inherit in future. 

2. Clan Land:

In clan land, only a particular clan have  right to enjoy over this property and interference from other clan is prohibited and sale of land is strictly restricted by custom and every household of the same clan have right against co-ownership equally.

In Inpui customary law, the eldest son among the same clan takes the whole responsibility of the property but he alone cannot act anything on it without the prior knowledge and consent of the elders of the clan  members. 

Further, partition of this land among them is permitted only after their mutual agreement and subsequently each of the same clan family shall share equally. 

3. Village land:

Land is authorized or protected by Village authority /community over this area and preposition of individual rights are limited, also penalized to any persons or individual who acted without their prior knowledge thereby restricted to any kind/nature of business which intended to profit himself only but any kind of business which intended to profit or welfare of community may permit under certain conditions.  

Exemption to the rule, an individual have a few privileges inside this land against fundamental livelihood activities, such enjoyment is permitted to any kind of business under certain condition and levied tax whereas it deem fit. 

4. Katang Ram Rat

Katang Ram Rat : It is a reserved land by the youth with trees or any natural resources for purpose  of any wild threats and mal-air also acts in eco-friendly system as belt to protect from any kinds of calamities disaster like flood, landslide and cyclone. Any act to the threat of deforestation or nobody can cut down any trees from this preserved forest area. If anybody does shall be liable to cost fine.  

Ownership of Land

 One can become the owner of the land by inheriting forefather's properties or by acquiring new land. 

The owner has right to sale or transfer to anybody as he desires but it strictly restricted to sale or transfer to the outsider or any person other than his own villagers. In some exception outsider can only purchase the land if he renounced his origin or intended to settle in the village permanently under the grant permission of the Village superior court (Elderly-Decision Making counsel) or community. 

A married women or daughter right against succession of ownership is limited by the custom. She can only enjoy her right of successed if there is Will/Gift deed by her bona-fide father. 

Inheritance 

Only male member have right to inherited both movable and immovable property in custom of Inpuis. The order of hereditary goes from father to sons but not to the daughters. Generally, the youngest son inherits the parental home and remains in that house only according to the patriarchal customs. In the case of sonless family, properties are inherited by one's own brothers, paternal uncles, paternal nephews or by nearest male relatives. 

No women has the right to inherit the immovable property but out of love and affection father may by nature of Gift and Will gives her a share from his property at the time of her marriage. Such property will be inherited by her son or even daughter by way of gift. In case if she dies without any heir then her property will be passed to one's whom she had gifted before her demised. 

Gift and Will Deed

Since time immemorial, Gift and Will are practice by Inpui people. All self-acquired property, except clan or ancestral property, can be gifted and Will without any limitation or restriction by the donor. No formalities and procedure (written) are required for gift or Will. Once gifted or Will in the presence of family members and relatives as witness and it shall remain valid even if the donor dies before acceptance. A Gift or Will once completed can be revoked only by the donor during his/her lifetime in case if he/she is dissatisfied with the donee. 

Lease

Property, other than Jhum land, can be leased out for a specific period by the landlord to any person (including outsider) as the agreement and the payment may be made in the form of cash, service or kind. Jhum land or paddy flied can be leased only to relative or own villagers with mutual consent. In Jhum land, tax is levied on the basis of yearly production as per the agreement between the lessor and the lessee. It may be 50/50 or One/Third for lessor. The lessee cannot sub-lease the property or land leased.

Land dispute

In land dispute both the parties shall take a solemn oath in the presence of village elders by using a strong word.  This is a worse fearful  omen and may also claim life upon the accused party. In oath taking process, the solemn oath shall be a pledge by both the parties only during the settlement of the dispute and in the presence of elders. The word used in oath taking may be different from village to village such as swearing to meets an unnatural death before the end of the year.

Reference: https://isaacnka.blogspot.com/2015/01/p-margin-bottom-0.html

 Most of the information is collected from elderly narrators and copyright rest to author only.