View Full Version : Write a comprehensive note the rule of primogeniture. (1997)(2001)

09-09-2012, 02:42 AM
1. Introduction:
Primogeniture is a rule of inheritance. it is one of the considerations for appointment of lambardar. according to this rule the eldest son in the same degree succeeds to the exclusion of others. it is the exclusive right of the eldest son or nearest male relative to heir. the rule of primogeniture is the chief basis of the appointment of lambardar. the rule of primogeniture should not be lightly ignored unless there were strong reason justifying over of candidate.
2. Relevant provisions:
Sec. 19 of land revenue act.
3. Meaning of primogeniture:
According to Oxford dictionary:
The fact or condition of being first born child.
4. Definition of rule of primogeniture:
it is the rule of inheritance in which eldest son born of same father and mother and his son and so on until the line is extinct. the elders son of predeceased son and not the next living son of the deceased lambardar is nearest eligible heir.
5. Nature:
It is not a prescriptive right. it is merely one of the considerations for the appointment of lambardar. it cannot be transferred in favour of a stranger. the rules of primogeniture outside the prescribed degrees does not create a prima facie claim which has to be reputed.
6. Non- applications of shariat law:
The Shariat law is not applicable to the rule of primogeniture.
7. Relinquishment of hereditary claim:
The hereditary claim can be relinquish.
(i) Effect of relinquishment:
Such relinquishment effects transfer to the next heir. once it is relinquished the person who relinquishes, he loss his right and cannot reclaim.
Case law 1999 CLC 1538.
Rule of primogeniture where elder son of deceased lambardar is most eligible person for being appoints as lambardar is fully applicable and elder son has preferential right over others to be appointed as lambardar.
8. Application of rule of primogeniture:
The rule of primogeniture is applicable to the appointed of lambardar. the collector should not ignore the rule of primogeniture while making the appointment of lambardar.
9. In case of minor:
If the son of deceased is minor, the rule of primogeniture cannot be ignored in the appointment of lambardar.
10. In case of grandson:
A grandson has no claim in the presence of his father.
(i) Exception:
If his father has relinquished his right, he can claim.
11. Widow:
A widow of deceased headman is not vested with any hereditary claim, in such case the rule of primogeniture has no application.
12. In case of refugee:
In case of refugee, the law of primogeniture is not applicable.
13. In case of adopted son:
An adopted son cannot succeed to or a through his adoptive father under any rule of primogeniture.
14. In case when there is no heir:
If there is no heir, the collector can appoint any other suitable person candidate for lambadari.
15. Case where hereditary claim may be ignored:
Following are cases where hereditary claim of the candidate may be ignored.
(i) Conviction:
If the candidate is convicted in a offence.
(ii) Criminal activities:
If he involves criminal activities.
(iii) Verification of false statement:
If he verifies statement.
(iv) Absence:
If he remain absent from the estate.
(v) Insufficient holding:
If he does not have sufficient holding in the estate.
16. Conclusion:
To conclude I can say that primogeniture means that eldest son born of same father and mother succeeds to exclusion of others. the law on the particular point of succession of a village headman provides that in the case appointment of a successor of a deceased or dismissed headman the rule of primogeniture is to be strictly observed.