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Gesetzestext Erbrecht in Buthan

Bhutan

INHERITANCE ACT

(GA)

CHAPTER I

Definition of Inheritance and Procedures

for Processing Inheritance.

Ga 1-1. TITLE OF THE ACT

This Act may be called the Inheritance Act of the Bhutanese Iron Monkey

Year, corresponding to the year 1980.

Ga 1-2. DATE OF COMMENCEMENT OF THE ACT.

It shall come into force from the Bhutanese Iron Monkey Year, that is,k on

the 1st of October, 1980.

Ga 1-3. EXTENT OF THE ACT.

It extends throughout the Kingdom of Bhutan and all citizens of the

Kingdom, and persons residing with in the Kingdom, shall have to comply

with the procedures laid down in the provisions of this Act.

Ga 1-4. DEFINITION OF INHERITANCE.

The following properties shall be deemed to be properties for inheritance:-

(a) If any member of a joint family has to live apart on leaving the main

house then whatever be the property to which he or she may be

entitled according to rights; or

(b) If a couple divorces then whatever be the property to which either

party to the marriage may be entitled; or

(c) If a person dies, then whatever may be the property bequeathed in

the last will and testament to his relatives.

GA 1-5. RIGHTS OVER ENTITLED PROPERTIES.

Excepting those properties over which a person has no right and title, or

which are being cultivated on share or contract-cropping leases, all other

immovable properties, such as lands, houses etc., or movable properties,

such as cattle etc., over which a person holds the rights and titles, may be

given by him to others or leases-out for cultivation, or bequeathed as an

inheritance, as laid down in the provisions of the following sections,

provided such properties are not under any legal bar or restraint from the

Government.

Ga 1-6. Invalidity of cases processed in contravention of sections Ga 1-8 and Ga

1-9.

In any proceedings under this Act, the properties bequeathed as an

inheritance shall have to be processed according to the provisions of Section

Ga 1-8 and Ga 1-9.

Where an inheritance has not been processed in accordance with the

provisions of this Act, and any dispute arises subsequently, the transactions

so undertaken contrary to the provisions of this Act, shall not be recognized.

Ga 1-7. Properties not bequeathed as inheritance shall be disposed of after a

thorough investigation of the rights and titles over such properties as laid

down in Section Ga 1-4 of this Act.

Ga 1-8. The bequest of properties under inheritance shall be made in the presence of

three impartial witnesses who shall not be related to the parties interested

thereto.

At the time of partition, a list shall be prepared of the properties so

partitioned. A Court stamp shall be affixed on the written document and it

shall be signed by both the parties, i.e., the giver and the receiver, and it shall

be attested with the signatures of the witnesses.

Ga 1-9. Necessity of registering land inherited by the legates in the Government

Thram.

After execution of the written document in accordance with the provisions

of Section Ga 1-8 above, or in accordance with the inheritance as

bequeathed in the last will and testament in accordance with the provisions

of Chapter IV of this Act, or in accordance with the oral declaration made

before witnesses, the legates shall himself or herself proceed to a Court of

law and have such land and estate registered in his or her name in the

THRAM (Refer Section Ka 6-1 of Thrimshung, 1957).

Ga 1-10. Land inherited but not registered in Thram to be declared as Toshing.

If the land and estate received by inheritance is not registered in the name of

the person receiving the same through inheritance in the THRAM, then such

land shall be declared TOSHING and shall not be deemed to be land

received by inheritance (Refer Section Ka 6-2 of THRIMSHUNG 1957).

Ga 1-11. Rules governing transactions of Toshing lands.

If any transaction relating to land and estate declared as TOSHING has to be

done, then the same shall be processed in accordance with the provisions of

Chapter III of this Act relating to TOSHING properties.

Ga 1-12. Restriction on a member to hold any rights in main house on

separation.

If any mother or father or son or daughter after taking his share of the

inheritance or TOSHING leaves the main house, then such a person shall not

be entitled to hold any claims or exchange.....

(Note :

Rest of the provision of this Section is not legible in the copy supplied to

me. Kindly send a photo-copy of this Section from any other book-let or

take the remaining portion from the another copy).

CHAPTER II

RIGHTS AND RESTRICTIONS ON INHERITING

Ga 2-1 Non-entitlement to any share from main house to one intending to leave

membership of joint family.

If any person intends to leave the main house and live separately, then

irrespective of the period of his or her stay with the joint family and because

of him or her not being a true member of the joint family and because of him

or her not being a true member of the joint family, such a person shall not be

entitled to any properties from the main house at the time of his or her

separation. (Refer Section Ga 1-2 of THRIMSHUNG, 1957).

GA 2-2 DEFINITION OF THE TRUE MEMBER OF A JOINT FAMILY.

The mother and father of the main house, their sons and daughters, the

collateral of the said mother and father and the children who ar direct

descendants from that family shall all be deemed to be the members of that

main house.

GA 2-3 DEFINITION OF MEMBER OF A JOINT FAMILY.

In addition to the persons mentioned in preceding Section Ga 2-2, but

excluding those persons who are living apart from the main house as

mentioned in the following section Ga 2-4, the other members who are

staying with the joint family and those daughters-and-son-in-laws who have

lived with the joint family for more than ten years shall all be deemed to be

the members of that joint family.

GA 2-4 NON-RECOGNITION AS MEMBERS OF JOINT FAMILY.

The following persons shall not be deemed to be members of the joint

family:

(1) A member of a family who after taking his or her share leaves the

main house, shall cease to be a member of that family from the date

of taking his share and leaving the main house.

(2) A member who has lived apart from the main house for a period of

more than ten years shall cease to be a member of that family even

though he may be related to that joint family and even if he or she

has left the main house without taking any share.

(3) A member who has lived apart for a period of more than ten years

after taking his or her share of TOSHING, even though he or she

may be related to that joint family, shall not be deemed to be a

member of that joint family.

(4) A member who, notwithstanding being related to a joint family and

being in Government service, has lived apart from the main house

for a period of more than ten years without contributing to the main

house, shall not be deemed to be a member of that joint family.

Ga 2-5 Rules governing inheritance by a daughter-or-son-in-law married to a

member of a joint family living with that family for more than ten

years.

A daughter-or-son-in-law who has been married to a member of a joint

family, and who has lived with that joint family for a period of more than ten

years, shall be deemed to be a member of that joint family; and in the event

of their divorce, their entitlement for obtaining shares shall be processed in

accordance with the provisions of the Inheritance Act.

Ga 2-6 Rules governing recognition of members on return from Government

service living apart for more than ten years without contributing

towards main house and without taking a share, and rights of

inheritance of such individuals.

If a member of a joint family, not withstanding his being related to that

family, has lived apart form the main house for a period of more than ten

years on taking-up Government service, without contributing towards the

maintenance of the main house and without taking any share, returns to the

main house, then the decision to accept him or her as a member of the house,

or not to accept him or her as a member of the house, depends on the other

members of the house. In case the other members unanimously agree to

accept such a person as a member of that joint family, then at the time of

partitioning the inheritance, he or she shall also enjoy equal rights of

inheritance in accordance with the provisions of the respective sections of

this Act.

Ga 2-7 Entitlement to share of inheritance by a member in Government service

living apart for less than ten years whether or not he has contributed to

the main house.

If a member of a joint family on taking up Government service has lived

apart from the main house for less than ten years, then, whether or not he or

she has contributed towards the maintenance of the main house, he or she

shall be deemed to be a member of that joint family; and at the time of

partitioning the inheritance, he or she shall also enjoy equal rights along with

the other members of that joint family as prescribed by law.

Ga 2-8 Non-entitlement of share to a person in Government service living apart

for more than ten years without contributing to the main house.

If a member of a joint family in Government service has lived apart from the

main house for more than ten years, and during that period has not

contributed towards the maintenance of the main house, then, that person,

whether married or not, shall not be entitled to receive any share form the

main house.

Ga 2-9 Decision to give share to a member in Government service for more

than ten years who has contributed to the main house rests with other

members of joint family.

If a member of a joint family in Government service has lived apart from the

main house for a period of more than ten years, but during that period has

contributed towards the maintenance of the main house, then, the decision as

to whether or not a share has to be given to that person depends upon the

unanimous decision of the other members of that joint family.

Ga 2-10 Entitlement to refund of contribution to main house if other members

decide not to give share to the contributor.

If a member in Government service has lived apart for more than ten years,

and during that period has contributed towards the maintenance of the main

house, then in case the other members of that joint family decide not to give

him or her any share, then such a person shall be entitled to claim refund of

the amount of contribution so made by him or her for the main house.

GA 2-11 NON-ENTITLEMENT OF INHERITANCE TO NON-BHUTANESE.

Persons who ar non-Bhutanese, or who have renounced their Bhutanese

citizenship, or who have applied for Bhutanese citizenship but have not yet

been granted Bhutanese citizenship, shall not be entitled to any share of an

inheritance.

CHAPTER III

PROCEDURE FOR TRANSACTION/GIVING AND TAKING

OF TOSHING (LIVELIHOOD)

GA 3-1 DEFINITION OF TOSHING

If there are no children of a member of a main house and the house, lands

etc. have been handed over to the collateral or daughter-in-law, or where

because of there being several members of a joint family, or because of

dispute among the members of joint family, the members have been

compelled to live apart from the main house, then, in such a case, the land

given in proportionate shares to such persons for their livelihood throughout

their life shall be deemed as TOSHING (livelihood) land.

GA 3-2 RULES GOVERNING ENTITLEMENT TO TOSHING.

If any member of a main house intends to live separately and apart form the

main house on the grounds mentioned in preceding section Ga 3-1, and even

if while separating from the main house such a ember does not desire to take

any share from the main house, then too he or she will be entitled to receive

land sufficient for his or her livelihood as long as he or she remains alive.

GA 3-2 RULES GOVERNING ENTITLEMENT TO TOSHING EVEN IF

ONE IS NOT A TRUE MEMBER OF THE MAIN HOUSE.

Notwithstanding a daughter-or-son-in-law not being a true member of the

main house as defined in Section Ga 2-5 of this Act yet if such a person has

to live apart form the main house he or she, as the case may be, shall be

entitled to receive sufficient land as TOSHING as long as he or she remains

alive.

GA 3-4 RESTRICTION ON ALIENATING LAND GIVEN FOR

LIVELIHOOD WITHOUT CONSENT OF THE GIVER.

Except for cultivating the land given as \'livelihood\' by the receiver so long as

he or she remains alive, under no circumstances such a land shall be

alienated by sale, donation as an offering, free gift, mortgage, or exchange

etc. without the express consent of the person who has given the \'livelihood\'

(Refer section ka 6-3 of THRIMSHUNG, 1957).

GA 3-5 NON-ENTITLEMENT TO SHARE ON INHERITANCE FROM

MAIN HOUSE IF LAND GIVEN AS \'LIVELIHOOD\' IN THRAM.

If a land given as \'livelihood\' is intended to be registered in the THRAM in

the name of the person to whom it has been given, then registration may be

so effected. But form the date, the registration is so effected, the said person

shall not be deemed to be a member of the joint family and he shall also

loose all rights to share of an inheritance from the main house.

GA 3-6 NON-INCLUSION OF A PERSON AS A MEMBER OF JOINT

FAMILY FROM DATE OF REGISTRATION IN THRAM EVEN IF

TEN YEARS HAVE NOT ELAPSED.

If a person who has been given land as \'livelihood\' has children and it is

intended to register that land in the name of the children then that land shall

be taken as a share of \'inheritance\' given by the main house and may then be

registered in the name of either the son or daughter. But from the date, the

registration has been so effected that person shall not be deemed to be la

member of that joint family of the main house even if a period of ten years

has not elapsed from the date of such registration.

GA 3-7 RETURN OF LAND TO THE MAIN HOUSE IF PERSON

CULTIVATING IT AS \'LIVELIHOOD\' EXPIRES.

If the person cultivating the land given as \'livelihood\' has not registered that

land in his or her name, or in the name of his or her children, prior to his or

her death, then in the event of his or her death, that land shall have to be

restored to that member of the main house in whose name that land is

registered in the \'THRAM\'

GA 3-8 ONUS OF PAYING TAXES OFF LAND GIVEN AS \'LIVELIHOOD\'

From the day a person has been given a land as `livelihood\' from the main

house, the taxes levied on that land shall be borne by the person cultivating

that land as \'livelihood\'. (Refer section Ka 6.5 of THRIMSHUNG, 1957).

GA 3-9 REGISTRATION OF LAND GIVEN AS \'LIVELIHOOD\' IN THE

NAME OF A MEMBER OF THE MAIN HOUSE.

In any proceedings as defined in the preceding section Ga 3-6, the taxes

levied on the land given as \'livelihood\' shall be borne by the person who is

cultivating that land as \'livelihood\'. But where such a land has not been

registered, then that land shall remain in the name of the member of the

main house and the taxes leviable shall also be borne by the main house.

GA 3-10 NON-ENTITLEMENT OF \'LIVELIHOOD\' TO ONE WHO IS NOT

PHYSICALLY DISABLED WHEN TAKING UP A RELIGIOUS

LIFE UNTIL HE ATTAINS THE AGE OF 40 YEARS.

If a person who is not physically disabled by hands, legs or any to her limb,

takes up a religious life then he shall not be entitled to receive any

\'livelihood\' from the main house until he attains the age of forty years.

(Refer Section Ka 6-6 of THRIMSHUNG, 1957).

GA 3-11 NON-ENTITLEMENT OF LIVELIHOOD FROM MAIN HOUSE TO

ANY MONK BELONGING TO DZONG, GYONDEY OR

DAKTSHANG.

A monk belonging to a DZONG of GYONDAY or GYONDAY, except for

being given his requirements for food, shall not be entitled to receive any

\'livelihood\' for any benevolent rites performed for the main house. (Refer

Section Ka 6-7 of THRIMSHUNG, 1957).

GA 3-12 RESTRICTION ON SELECTION OF \'LIVELIHOOD\' LAND BY

THE RECEIVER.

When land is given as `livelihood\', the receiver shall have to take the land

given to him without raising any objections. And except taking-over the

land as \'livelihood\', the receiver shall not raise any disputes whatsoever by

asking for bigger or more fertile plots etc. of land.

GA 3-13 CULTIVATOR OF A `LIVELIHOOD\' NOT REGISTERING THAT

LAND FOR TEN YEARS TO BE DEEMED A MEMBER OF THE

MAIN HOUSE.

If a person who has received a land to be cultivated as `livelihood\' has not

registered that land in his or her name in the THRAM as mentioned in

Sections Ga 3-5 and Ga 3-6 of this Act after a lapse of ten years then that

person shall be deemed to be a member of that joint family of that main

house (Refer Section Ka 6-4 of THRIMSHUNG 1957).

CHAPTER IV

PROCEDURE FOR TRANSACTING INHERITANCE ON

SEPARATION OF A MEMBER LEAVING

THE MAIN HOUSE

GA 4-1 RIGHTS OF INHERITANCE BY A JOINT FAMILY MEMBER OF

MAIN HOUSE.

A member, who intends to leave the main house and to live apart, if he is not

excluded from being a joint family member as provided in Sections Ga 2-1,

Ga 2-4, Ga 2-2 and Ga 2-11 of this Act, shall be entitled to receive a share

from the inheritance of the main house, provided he or she is a true member

of that joint family.

GA 4-2 PROPORTION OF SHARES TO BE GIVEN AS INHERITANCE AT

DISCRETION OF LIVING PARENTS.

If the parents of a main house are alive, then the decision to give either a

major or minor share from the \'inheritance\' shall be made at the discretion of

those parents. In such cases, the provisions laid down in the following

sections shall not be applicable:

Consent of living parents not necessary for properties acquired by oneself.

(1) A property which has been acquired by a person through his or her

own efforts or expenditure, shall at the time of inheritance be

processed according to the provisions of section Ga 4-15, or

Rights of inheritance as per executed deed.

(2) At the time of inheritance, if a prior deed had been executed for

partitioning of the shares according to the rights, then bequeathing of

the shares shall have to be processed in accordance with that deed, or

Non-entitlement to properties of main house by parents taking

livelihood and living apart.

(3) If the parents are already living apart from the main house after

taking their share of `livelihood\' or `inheritance\' then at the time of

partitioning the inheritance in the main house, the said parents shall

not be entitled to have any rights whatsoever in the inheritance of the

main house.

GA 4-3 ENTITLEMENT TO SHARE FROM MAIN HOUSE TO PARENTS

FORCIBLY EVICTED.

If the children alone remain in the main house after forcibly evicting the

parents then, in addition to the movable properties acquired by the parents

themselves, the other movable properties, acquired by them jointly with their

children, may also be taken by the said parents. (Addendum to Section Ga

1-3 of THRIMSHUNG 1957).

GA 4-4 ENTITLEMENT TO SHARE WHEN PARENTS LEAVE THE MAIN

HOUSE OF THEIR OWN WISH.

If the parents intend to leave the main house of their own wish, leaving the

children in the main house, then, except for the movable properties acquired

by the said parents themselves, they shall not be entitled to any of the

immovable or movable properties acquired jointly with their children.

GA 4-5 NON-ENTITLEMENT TO PROPERTIES BY CHILDREN

LEAVING MAIN HOUSE BECAUSE OF NOT HAVING

AMICABLE RELATIONS WITH PARENTS EXCEPT MOVABLE

PROPERTIES ACQUIRED BY THEMSELVES.

If the children leave the main house because of not having amicable

relations with their parents, then, except the movable properties acquired by

the children themselves, they shall not be entitled to receive any share of the

movable or movable properties of the main house or of the movable

properties acquired by them jointly with their parents.

GA 4-6 RIGHTS OF PARENTS FOR `LIVELIHOOD\' IF FORCIBLY

EVICTED AS DEFINED IN SECTION GA 4-3.

If the parents have been forcibly evicted from the main house by the children

as defined in the preceding section Ga 4-3 then the said parents shall be

entitled to a share from the immovable properties of the main house as their

livelihood according to the provisions of Section Ga 3-2 of this Act.

GA 4-7 RESTRICTION ON OBJECTION ONCE A SHARE OF AN

INHERITANCE HAS BEEN GIVEN.

At the time of partitioning the inheritance a person except for taking his or

her share of the movable or immovable properties as given by the parents of

the main house without any objections, that person, inheriting such share,

shall be debarred from raising any disputes to claim further shares in

addition to the given in the inheritance.

GA 4-8 REFUND OF EXPENDITURE ON JOINT PROPERTIES OF

FAMILY, AND PROPERTY TO REMAIN WITH MAIN HOUSE.

Expenditure incurred by a person separating from the main house for

cultivating or maintaining or developing a property which forms part of he

property of joint family is refundable. Such a property shall remain a part of

the property of the main house.

GA 4-9 REFUND OF EXPENDITURE INCURRED ON REDEEMING

PROPERTIES OWNED JOINTLY BY THE FAMILY.

Whatever be the expenses incurred by a person who is separating from the

main house for redeeming a part of the property owned by the joint family

during he period of his or her stay in the main house that expenditure shall

be refunded to that person; but that part of the property so redeemed shall

remain under the title and claims of the main house (Refer Section Ka 8-2 of

THRIMSHUNG, 1957).

GA 4-10 RESTRICTION ON CLAIMS IN LIEU OF PHYSICAL LABOUR

CONTRIBUTED DURING STAY IN THE MAIN HOUSE.

A person separating from the main house shall not be entitled to lay any

claims in lieu of the works performed by him or her during the stay in the

main house, or for any physical labour contributed by him or her for

cultivating the lands, or for any labour hired by him or her for the said

purpose. (Refer Section Ga 1-7 of THRIMSHUNG, 1957).

GA 4-11 RESTRICTION ON ACQUIRING ANY SHARE OF THE MAIN

HOUSE SHEN SEPARATING IF PARENTS ARE ALIVE.

If the parents are alive at the time when a person separates from the joint

family in the main house, hen the main house shall be inherited by the said

parents; and the person who has separated shall not b entitled to lay any

claims whatsoever on any portion of that house by quoting its value, or to

any portion therefrom.

GA 4-12 NON-ENTITLEMENT TO ANY PORTION OF MAIN HOUSE OF

FAMILY WITHOUT PARENTS IF ONE SEPARATES OF ONE\'S

OWN WISH.

If a person leaves a joint family which does not consist of parents at the time

of leaving, of his or her own free desire, and lives apart after separating from

the main house, then the right in the said main house shall vest in the

persons remaining in the main house; and the person living apart shall not be

entitled to any portion of the main house, or to any portion there form, by

quoting its value.

GA 4-13 ENTITLEMENT TO HARE BY A MEMBER FORCIBLY EVICTED

FROM MAIN HOUSE WHEN FAMILY HAVE NO PARENTS.

If the members having equal rights in the main house, in which there are no

parents, jointly evict any other member from that main house, then the

member so evicted shall be entitled to a portion of that main house equal in

proportion to the share that shall be inherited by the other members.

GA 4-14 RIGHT TO REMAIN IN MAIN HOUSE EVEN IF SEPARATED

FROM JOINT FAMILY.

If a member living with a joint family separates from that joint family on

receiving a share from `inheritance\' but is compelled to remain in the main

house, then that member shall be entitled to reside in any portion of the said

main house provided he or she also enjoys equal rights in that house as the

other members.

GA 4-15 RIGHT TO TAKE PERSONAL PROPERTIES SHEN SEPARATING

FROM MAIN HOUSE.

If a person separating from a main house possesses personal properties

acquired during his or her stay in the main house then that person shall have

the right to take with him or her such properties on separation. (Refer

Section Ga 1-2 of THRIMSHUNG, 1957).

GA 4-16 NON-ENTITLEMENT OF SHARE TO HUSBAND OR WIFE OR

CHILDREN SEPARATED FROM THE MAIN HOUSE IN WHICH

THERE ARE NO PARENTS.

If a person lives apart from the main house in which there are no parents,

then because of that person living apart, husband or wife of that person, as

the case may be, or children of that person, shall not be entitled to receive

any share from the `inheritance\'.

GA 4-17 ENTITLEMENT TO WIFE OR HUSBAND OF CHILDREN OF A

PERSON\'S INHERITANCE FROM MAIN HOUSE IN WHICH

THERE ARE NO PARENTS IF THAT PERSON IS NOT AN

ACCESSORY TO AN ACT OF TREASON AGAINST THE

COUNTRY.

If there are no parents in a main house at the time of partitioning the

`inheritance\' then the shares of the person, who i serving a term of

imprisonment or is absconding provided that person is not an accessory to an

act of treason against the country, or in the event of death of that person,

shall b inherited by hi wife or husband, as the case may be, or all the

children living in the main house with the family members of that person.

GA 4-18 PROPERTIES RECEIVED BY A SPOUSE IN LIEU OF SHARE OF

HUSBAND OR WIFE TO BE GIVEN TO CHILDREN OR

RESTORED TO MAIN HOUSE ON RE-MARRIAGE.

If in the absence of a member who has rights in the main house, the shares of

that member have been given to the spouse staying with the joint family and

that spouse contracts another marriage, then the share of that former husband

or wife, as the case may be, received by that spouse shall be given to he

children of their former marriage. In case there are no children from their

former marriage, then the shares so received shall have to restored to that

main house.

GA 4-19 PROCESSING OF SHARES OF INHERITANCE OF DECEASED

MEMBER TO HIS SPOUSE OR CHILDREN.

In any member of the main house who had the rights or inheritance expire,s

then the inheritance to be given to the surviving spouse or children living

with the joint family of the main house shall be processed in accordance

with the provisions of Chapter VII of this Act.

CHAPTER V

PROCEDURE FOR TRANSACTING INHERITANCE

OF PROPERTIES

GA 5-1 AUTHORITY OF LIVING PARENTS OF A JOIN FAMILY TO

GIVE DECISION REGARDING MANAGING PROPERTIES BY

ANY MEMBER OF THE FAMILY.

If the parents are either unable to maintain the household or cultivate the

lands, then the question of handing over such responsibilities with regard to

properties to any collateral or any son or daughter residing with a member of

that house shall be determined according to the decision given by the said

parents according to their own express desire.

GA 5-2 EXECUTION OF A WRITTEN DOCUMENT FOR HANDING

OVER RESPONSIBILITIES OR HOUSE AND LAND ON DEATH

OF PARENTS.

On he death of the parents of the main house, the question of entrusting the

responsibilities to a member of that joint family who has the rights, shall be

decided by selecting the most efficient member after taking into

consideration the abilities of all the members; and thereafter a written

document to that effect shall also be executed.

GA 5-3 RULES GOVERNING INHERITANCE BY DAUGHTER-OR-SONIN-

LAW OF MAIN HOUSE IN ABSENCE OF ANY FAMILY.

Irrespective of whether or not the parents of a joint family are alive, if the

properties have been entrusted to a son and daughter-in-law or daughter and

son-in-law and subsequently that son or daughter, as the case may be,

inheriting the properties dies and there are no children, then that surviving

daughter-or-son-in-law shall be entitled to utilize such properties as long as

he or she is alive provided he or she does not contract another marriage with

an outsider.

Ga 5-4

irrespective of whether or not that daughter-or-son-in-law contracts a

subsequent marriage with another person.

Properties to be made over to children, if any, from the deceased partner,

Ga 5-5 Entitlement to properties by a person given a livelihood or a member

separated for less than ten years without taking any share of

inheritance if daughter-or-son-in-law taking our responsibilities

expires.

If the surviving daughter-or-son-in-law staying in the main house who has

taken over the properties contracts a subsequent marriage with an out-sider

and there are no children of the former husband or wife, then from the day

the subsequent marriage has been contracted, the properties shall be handed

over to a member who has been given a livelihood\' (TOSHING) from the

main house or to a member who without taking any share of the inheritance

has separated provided the period of such a separation does not exceed ten

years.

GA 5-6 ENTITLEMENT TO PROPERTIES BY REMARRIED DAUGHTEROR-

SON-IN-LAW IN ABSENCE OF A MEMBER TAKING A

LIVELIHOOD OR A MEMBER SEPARATED FOR LESS THAN

TEN YEARS WITHOUT TAKING A SHARE.

In the absence of either a member who had been given a `livelihood\'

(TOSHING), or a member living separately for less than ten years without

taking any share of the inheritance, if the daughter-or-son-in-law contracts a

subsequent marriage with an outsider, the said daughter-or-son-in-law shall

be entitled to utilize the properties.

GA 5-7 PROPERTIES ACQUIRED BY ONESELF NOT TO BE RETURNED

IN CASE COVERED BY SECTION GA 5-5.

In any case covered by section Ga 5-5 when properties have to be returned

then only those properties which were received from the main house shall

have to be returned; but the other properties acquired by oneself while

remaining in the main house, or granted by the Government or purchased by

oneself will not have to be returned.

GA 5-8 ENTITLEMENT TO PROPERTIES BY A MEMBER GIVEN A

LIVELIHOOD OR SEPARATED FOR LESS THAN TEN YEARS

WITHOUT TAKING SHARES ON DEATH OF DAUGHTER-ORSON-

IN-LAW MAINTAINING HOUSE.

If the members of a main house who hold rights are living apart and the

daughter-or-son-in-law taking over the responsibilities dies without having

contracted a subsequent marriage and there are no children to inherit those

properties, then either a member who had been given `livelihood\'

(TOSHING) or the member who had separated for less than ten years

without taking any share of the inheritance shall be entitled to the properties.

In the absence of any such member, that property shall be declared to be a

property without any heir (CHATONG).

GA 5-9 LOSS OF CLAIMS OF MAIN HOUSE IF A MEMBER ONCE

SEPARATES FROM JOINT FAMILY OF THE MAIN HOUSE.

If the parents of the main house, or the most efficient member who had

taken over the responsibilities of the house hands-over the properties of the

main house to his collateral or to a daughter and son or daughter-or-son-inlaw

and takes a `livelihood\' (TOSHING) from the main house or has lived

apart from the main house for a period of more than ten years without taking

any share of the inheritance, then those persons will loose all claims over the

main house.

CHAPTER VI

PROCEDURE FOR INHERITANCE IN CASE OF DIVORCE

Ga 6-1 Recognition of husband and wife as a joint family.

Notwithstanding a couple having married without obtaining a marriage

certificate (NYENTHA), or having received shares of `inheritance\' from

their respective parents, or have acquired properties individually prior to

their marriage, or even if the properties acquired by them individually after

their marriage are registered separately in their individual name, if such a

couple has a common kitchen, they shall be deemed to be a joint family.

GA 6-2 NON-RECOGNITION OF HUSBAND AND WIFE AS JOINT

FAMILY.

Notwithstanding a couple having contracted a marriage after obtaining a

Marriage Certificate, or they have inherited properties from their respective

parents, or have acquired properties prior to their marriage, or have acquired

properties individually subsequent to their marriage and have kept such

properties individually subsequent to their marriage and have kept such

properties in their joint name, if such a husband and wife have separate

kitchens, they shall not be deemed to be a joint family. (Addendum to

section Kha 5-8 of THRIMSHUNG, 1957).

GA 6-3 RIGHT TO PROPERTIES ACQUIRED BY A SPOUSE PRIOR TO

MARRIAGE ON DIVORCE.

Irrespective of the number of years of marriage between a husband and a

wife, and whether or not they have been recognized as a joint family, and

whether or not they have any children, on divorce, the properties movable or

immovable, acquired by either of them individually prior to the marriage, or

the outstanding debts or amounts that are due to either of them, shall have to

be taken over or settled individually and shall not be accounted for jointly.

(Refer Section Kha 5-1 of THRIMSHUNG, 1957).

GA 6-4 RESTRICTIONS ON SHARING PROPERTIES INHERITED FROM

PARENTS OR RELATIVES OR SETTLING OUTSTANDING

DEBTS.

Irrespective of the number of years of a marriage between a husband and

wife, and whether or not they have been recognized as a joint family, and

whether or not they have any children, on divorce, the properties inherited

by either of the spouse from his or her parents or relatives shall be taken

over by such spouse, and the liability of any outstanding debts of either shall

be discharged and settled by that spouse individually. (Refer Section Kha 5-

3 of THRIMSHUNG, 1957).

GA 6-5 ONUS OF SETTLING FINES OR GAMBLING DEBTS ON

DIVORCE.

Irrespective of the number of years of marriage between a husband and wife,

and whether or not they have been recognized as a joint family, and whether

or not they have any children, on divorce, the liability of payment of any

fines levied on the husband or wife, or debts incurred on gambling los, shall

have to be discharged individually by the person concerned. (Refer Section

Kha 5-2 of THRIMSHUNG, 1957).

GA 6-6 RESTRICTION ON CLAIMING EXPENSES INCURRED JOINTLY

ON DIVORCE.

Irrespective of the number of years of marriage between a husband and wife,

and whether or not they have been recognized as a joint family, and whether

or not they have any children, the expenses incurred during their stay

together for their joint benefit shall not be claimed by one from the other.

(Refer Section Kha 5-4 of THRIMSHUNG, 1957).

GA 6-7 RESTRICTION ON CLAIMING EXPENSES INCURRED BY

EITHER A HUSBAND OR WIFE LIVING TOGETHER

WHATEVER BE THE REASON.

Irrespective of the number of years of marriage between a husband and wife,

and whether or not they have been recognized as a joint family, and whether

or not they have any children, after their divorce, the expenses incurred

during their stay together, either for themselves or for their respective

relatives or dependents for any major or minor work of importance, even if

such expenses have been incurred from individual means of either of them,

shall not be claimed by one party to the marriage from the other, whatever

be the reason for such expenditure.

GA 6-8 RESTRICTION ON CLAIMING RETURN AFTER DIVORCE OF

PROPERTIES ONCE GIVEN.

Irrespective of the number of years of marriage between a husband and wife,

and whether or not they have been recognized as a joint family, and whether

or not they have any children, after their divorce no claim whatsoever shall

be entertained from either of them on properties, whatever these may be

which have been given to each other during their stay together or which have

been given by either of them to the members of their joint families or

relatives at the discretion of either of them. (Refer Section Kha 5-6 of

THRIMSHUNG, 1957).

GA 6-9 RESTRICTION ON CLAIMING REFUND OF EXPENDITURE FOR

PERSONAL BENEFIT.

Irrespective of the number of years of marriage between a husband and wife,

and whether or not they have been recognized as a joint family, and whether

or not they have any children, after their divorce, no claim whatever shall be

entertained from either of them for any expenditure incurred for the personal

benefit of the husband or the wife as long as they lived together as a married

couple, even if such expenditure has been incurred without their express

consent, or for any expenditure incurred on behalf of the members of their

respective families, or on the request of their relatives, or for the refund of

the cost of any property taken by their relatives or for any damage that might

have been caused to such properties. (Addendum to Section Kha 5-7 of

THRIMSHUNG, 1957).

GA 6-10 RESTRICTION ON SHARING PROPERTIES TO WHICH ONE

HAS NO TITLE.

Irrespective of the number of years of marriage between a husband and wife,

and whether or not they have any children, and whether or not they have

been recognized as joint family, properties of the following description shall

not be shared after divorce, viz., any money taken from others during their

stay to-gather as a married couple by either of them, or any articles given by

others to be kept in their custody or any movable or immovable property to

which they have no title, whether given to the husband or the wife

(Addendum to Section Kha 5-6 of THRIMSHUNG 1957).

GA 6-11 PROCEDURE FOR REFUND OF EXPENSES INCURRED FOR

RELEASE OF PROPERTIES OF HUSBAND OR WIFE FROM

MORTGAGE.

Irrespective of number of years of a marriage between a husband and wife,

and whether or not they have been recognized as a joint family, and whether

or not they have any children, if during their stay together any lands or any

other properties, belonging either to the husband or the wife have been

redeemed from mortgage, then in the event of divorce such properties shall

be taken over by the husband or the wife, as the case may be, to whom such

properties belonged. But the expenditure incurred on reddening the

properties by the spouse to whom those properties do not belong shall be

refunded by the spouse to whom the properties belong.

GA 6-12 PROPERTIES ACQUIRED JOINTLY BE HUSBAND AND WIFE

DURING THEIR STAY TOGETHER IN A JOINT FAMILY TO BE

SHARED EQUALLY ON DIVORCE.

Except for the properties owned by parties to the marriage prior to the

marriage, a husband and wife recognized as a joint family, ion the event of

divorce, shall share equally between themselves, the properties acquired by

them jointly subsequent to their marriage, or acquired as a gift (SOLRA) and

registered in the name of either of them. (Addendum to Section Kha 8-2 of

THRIMSHUNG, 1957).

GA 6-13 PROCEDURE FOR SHARING PROPERTIES IN THE EVENT OF

MUTUAL DIVORCE WITHOUT DEFAULT OF HUSBAND OR

WIFE.

If a husband and wife recognized as a joint family mutually seek divorce,

and neither of them is guilty of committing any misdemeanor, then in such a

case, after partitioning the properties in which they have their own and

individual rights and settling the debts owned individually a prescribed by

law, a portion from the remaining properties shall be given to husband to

meet his needs (PHO-CHEY) and as portion there from shall also be given

to the wife to meet her needs (MO-CHEY). The residual properties shall be

equally shared by both of them.

If in a case covered by this Section, there are children also, then the husband

and wife shall be entitled to receive only one-third of such share each, and

all the children together shall receive the remaining one-third. But if the

children have not attained the age of eighteen years, they shall not be liable

for any out-standing debts in accordance with the provisions of section Ga 6-

15 of this Act. (Addendum to Section Kha 5-9 of THRIMSHUNG, 1957).

GA 6-14 PROCEDURE FOR SHARING PROPERTIES WHEN DIVORCE

TAKES PLACE DUE TO DEFAULT OF EITHER PARTY TO THE

MARRIAGE.

If a couple recognized as a joint family seeks divorce due to one of the

parties being guilty of committing a misdemeanor, then, after first

partitioning the properties over which they have their separate an individual

rights and accounting for the debts incurred as prescribed by law, the outstanding

debts, if any, shall be settled from the remaining properties.

Thereafter, the remaining properties shall be divided into three equal parts,

and the spouse who is innocent shall be given two-third share and the spouse

who committed misdemeanor shall be given one-third share of such

remainder.

And in a case, the remaining properties are not sufficient to discharge the

outstanding debts, then the innocent spouse shall be liable for one-third of

such debts and the spouse who committed the misdemeanor shall be liable

for two-third of such out-standing debts. (Addendum to Section Kha 5-10

of THRIMSHUNG, 1957).

GA 6-15 PROCEDURE FOR SHARING PROPERTIES

If a husband and wife who seek divorce due to commission of misdemeanor

by either party to the marriage have children, then after partitioning the

properties over which they have their separate and individual rights in

accordance with the provisions of Section Ga 6-14, the portion of the

properties which is required for the needs of the husband (PHO-CHEY) and

the wife (MO-CHEY) shall be taken out. Thereafter, the remaining

properties shall be divided into four parts which shall be distributed as

under:-

i) Two parts shall be given to the party who is not at fault:

ii) One part shall bee given to all the children together; and

iii) one part shall be given to the spouse who is at fault.

If in a case covered by this section, there are any outstanding debts, then

those children who have not attained the age of eighteen years shall not be

liable for them. Such debts shall also be divided into four parts and borne as

under:-

i) The spouse who committed the misdemeanor shall be liable to pay

two parts;

ii) The children together (who are not minor) shall pay together one

part; and

iii) the spouse who has not defaulted shall pay one part of such debts.

(Addendum to Section Kha 5-10 of THRIMSHUNG, 1957).

Ga 6-16 Procedure for sharing properties on divorce of a husband and wife not

recognized as a joint family.

In the event of divorce of a couple which has not been recognized as a joint

family, the properties given by the husband to the wife or by the wife to the

husband or the expenditure incurred by either of them during their stay

together shall be dealt with according to the provisions of the preceding

sections except that the other properties, movable or immovable, shall not b

shared irrespective of the number of years of the marriage and irrespective of

whether the husband or the wife was guilty of committing a misdemeanor

leading to the divorce (Addendum to Section Kha 5-11 of THRIMSHUNG,

1957).

GA 6-17 ONUS FOR MAINTENANCE OF CHILDREN (SO-THUI) IF

HUSBAND AND WIFE NOT RECOGNIZED AS JOINT FAMILY.

Whereas properties are restricted from being shared on a divorce of husband

and wife who are not recognized as a joint family, the children who have not

have the age of nine years shall be given in the custody of the mother and the

father shall have to bear the costs for the maintenance of the children (SOTHUI)

irrespective of whether the husband or the wife committed the

misdemeanor.

GA 6-18 PROCEDURE FOR SHARING PROPERTIES ON DIVORCE OF A

COUPLE MARKED FOR TEN YEARS.

On the divorce of a couple living as joint family when parties to the

marriage have lived together as husband and wife for ten years, then,

whether or not they have performed any beneficial work for each other

during their married life or whether or not they have any children, the

properties, both movable and immovable, acquired by them subsequent to

their marriage shall have to be equally shared by them on their divorce

except the properties received by them from their parents. But if the period

of their marriage is less than ten years, then the case shall be dealt with

according to Section Ga 6-22.

GA 6-19 GRANT OF AA LIVELIHOOD TO NON-DEFAULTING PARTY

WHEN A COUPLE MARRIED FOR MORE THAN TEN YEARS

DIVORCES.

In the event of divorce of a couple living as joint family who have been

married for a period of more than ten years, if the spouse who has not

defaulted has to leave the main house and does not receive any plot of land

wither purchased by him or her, or any plot of land as part of inheritance, or

any of the plots being cultivated by him or her, then such a person shall have

to be given a plot of land as livelihood (TOSHING) by the husband or the

wife concerned who stays behind in the main house.

The person who is given a plot of land under this Section shall be entitled to

cultivate the said plot till such time he or she remains alive or till the time a

subsequent marriage in contracted by him or her. On the death of the person

getting the plot of land or on contracting a subsequent marriage, the said plot

of land shall have to be restored to the main house.

GA 6-20 RESTRICTION ON GETTING `LIVELIHOOD\' IS HUSBAND OR

WIFE DIVORCING OWN LANDS EVEN IF NOT IN DEFAULT.

In the case of a divorce as mentioned in Section Ga 6-19 even if the

defaulting husband or wife leaving the main house is not entitled to receive

`livelihood\' (TOSHING), the husband or wife, even if innocent, shall also

not be entitled to get any livelihood\' if he or she holds rights to twenty-five

acres of land, or is entitled to a share out of the lands acquired by them

during their stay together subsequent to their marriage.

GA 6-21 RESTRICTION ON SHARING HOUSE OF PARENTS ON

DIVORCE BY A COUPLE OWNING A HOUSE.

If a husband and a wife have no house of their own and are consequently

staying in the house built by their parents, then on divorce they shall not be

entitled to any share of that house even if they have lived together for a

period of more than ten years. But if they have built a house subsequent to

their marriage, then the degree of innocence or the gravity of fault of either

the husband or the wife shall be first decided and the house shall be

partitioned according to such degree of innocence or fault.

GA 6-22 NO SHARING OF INHERITED PROPERTIES OR PROPERTIES

ACQUIRED PRIOR TO MARRIAGE ON DIVORCE OF A JOINT

FAMILY COUPLE MARRIED FOR LESS THAN TEN YEARS.

Notwithstanding a couple is recognized as a joint family, if they have lived

together after marriage for less than ten years, then, in the event of their

divorce, except for the properties received from their respective parents or

received as an inheritance from others or acquired prior to their marriage,

other properties, either movable or immovable, shall not be shared between

them.

GA 6-23 RESTRICTION ON ACQUIRING ANY SHARE IN IMMOVABLE

PROPERTY BY A NON-BHUTANESE.

Unless citizenship has been acquired in accordance with the provisions of

the Bhutanese Citizenship Ac, a non-Bhutanese husband or wife married to

a Bhutanese citizen and their children out of such wedlock shall be entitled

to inherit only the movable properties and such persons shall not be entitled

to any immovable property even if the immovable properties have been

acquired subsequent to their marriage.

GA 6-24 NON-ACCEPTANCE OF AGREEMENT CONTRAVENING

INHERITANCE ACT ON DIVORCE.

Irrespective of whether a couple is recognized to be a joint family or not, and

the number of years they have lived together, and whether or not they have

any children, if a suit has been filed in a Court of law at the time of their

divorce, then even if they have executed an agreement for sharing of the

properties, no agreement whatsoever shall be accepted by the Court except

an agreement executed in accordance with the provisions of the Inheritance

Act.

GA 6-25 RULE GOVERNING ACQUIRING OF PROPERTIES BY THE

SPOUSE REMAINING AT HOME IF HUSBAND OR WIFE

ABSCONDS.

If any husband or wife leaves the Country or absconds to any other part

within the country, then all the properties, movable and immovable, in

which that husband or wife holds rights or to which he or she is entitled a

part of his or her inheritance, shall be taken over by the spouse remaining at

home. But if later on that absconding husband or wife returns and reconciles

with the spouse at home then such properties may be enjoyed by that

absconding husband or wife; otherwise such husband or wife who

absconded shall not be entitled to any share of such properties either

movable or immovable. However, the decision as to whether or not to

accept the spouse who has returned to stay in the house shall be taken solely

at the discretion of the spouse who had remained at home.

CHAPTER VII

PROCEDURE FOR MAKING A LAST WILL AND TESTAMENT

GA 7-1 PROCESSING OF INHERITANCE ACCORDING TO LAST WILL

AND TESTAMENT.

The procedure for processing inheritance of properties, both movable and

immovable, as laid down hereinbefore in Section Ga of this Act shall be

under taken either in accordance with the written will executed by the

deceased testator, or an oral declaration made by him or her in the presence

of the witnesses.

GA 7-2 PROCEDURE FOR DRAWING UP A WILL.

When drawing up a will prior to the death of the person making it, a full and

complete detail of all the immovable properties such as houses, lands and

movable properties such as cattle, their manner of disposal, the proportions

in which such properties are to be bequeathed, etc., shall be mentioned and

the document so prepared shall be duly signed by the person making the will

and the witnesses; and then such a document shall have to be presented

before a Court of Law. In cases, where it is not possible to execute such a

written will, an oral declaration shall have to be made in the presence of at

least two witnesses and the declaration so made shall be written out and

signed by the said two witnesses.

Thereafter, the properties shall be partitioned in accordance with the said

declaration. (Refer Section Ga 2-1 of THRIMSHUNG, 1957).

GA 7-3 VALIDITY OF ORAL DECLARATION MADE IN THE PRESENCE

OF WITNESSES IN THE ABSENCE OF WRITTEN WILL.

In the absence of a written will, partition of the properties done in

accordance with the oral declaration made in the presence of at least two

witnesses who are not related to the person making such a declaration shall

be accepted as valid (Refer Section Ga 2-2 of THRIMSHUNG, 1957).

GA 7-4 PRECEDENCE TO WRITTEN WILL WHERE BOTH WRITTEN

AND ORAL WILL ARE MADE.

If the deceased testator has executed a written will and has also made an oral

will, then the written will shall have precedence and shall be accepted as the

valid will. (Refer Section Ga 2-2 of THRIMSHUNG, 1957).

GA 7-5 ACCEPTANCE OF WILL KEPT IN COURT OR THE LATTER

MOST WILL, IF SEVERAL WILLS EXECUTED.

If the deceased testator has drawn up several wills, then amongst them the

one kept in the Court shall be accepted as the valid one. And when such will

have not been kept in the Court, the one executed on the latter most date

shall be accepted as the valid one. (Refer Section Ga 2-4 of

THRIMSHUNG, 1957).

GA 7-6 INVALIDITY OF WILLS MADE BY A PERSON OF UNSOUND

MIND.

If the deceased testator was of unsound mind at the time of drawing up of

the written will or making the oral declaration, then such a will or

declaration shall not be accepted as valid. (Refer Section Ga 2-5 of

THRIMSHUNG, 1957).

GA 7-7 INVALIDITY OF A WILL INCLUDING A PROPERTY OVER

WHICH ONE HAS NO RIGHTS.

If the deceased testator in his or her written will or oral declaration includes

a property in which he or she does not hold any title, then such a will or

declaration shall not be accepted a valid. (Refer Section Ga 2-5 of

THRIMSHUNG, 1957).

GA 7-8 PROCEDURE FOR INHERITANCE IF UNRELATED PERSON HAS

BEEN GIVEN A SHARE IN THE WILL BY A DECEASED.

If a deceased testator in his or her will has bequeathed a property to a third

person who is not his or her relative, instead of giving the inheritance to the

rightful successor, then if that successor had not performed any beneficial

work for the deceased while the deceased was alive, or had lived apart from

the deceased for several years, that successor shall loose all hi or rights, and

the properties of the deceased shall be inherited by the members of the joint

family of the deceased; but the name of the person who is not the relative

shall also not be accepted. In case that person who is not a relative had

performed some beneficial work for the deceased-testator during the lifetime

of the said testator, then such person shall be entitled to receive

compensation for the beneficial work.

GA 7-9 VALIDITY OF WILL WRITTEN BY THE DECEASED EVEN IF

NOT SIGNED.

If it is proved that a will has been written by the deceased testator himself or

herself, then such a will shall be accepted as valid even though judicial

stamps have not been affixed thereon or not signed by the testator.

GA 7-10 VALIDITY OF A WILL WRITTEN BY A SCRIPT AND SIGNED BY

WITNESSES.

If a will has been written by a third person as a script owing to the deceased

testator being illiterate, and at the time of drawing up of that will two

witnesses present who are not related to the deceased testator, have affixed

judicial stamps in accordance with the law and have also put their signatures

thereon a witnesses, then such a will shall be accepted as valid.

GA 7-11 WRITTEN DECLARATION TO BE DRAWN UP WITHIN 30 DAYS

OF THE ORAL DECLARATION BY THE WITNESSES.

If a written will has not been executed by the testator himself but only an

oral declaration is made by the deceased testator, then it shall be incumbent

upon those persons present at the time of the oral declaration to immediately

draw up a written declaration without any change in the declared wished of

the deceased testator and have such declaration attested with signatures of all

such witnesses. But where a period of thirty days elapses from the day of

the oral declaration prior to the drawing up of the written declaration, then in

the event of any dispute arising relating to inheritance, then subsequently

such a declaration drawn-up after thirty days of the oral declaration shall not

be accepted as valid.

GA 7-12 INVALIDITY OF WILL FORCIBLY MADE OUT CONTRARY TO

THE WISHES OF THE DECEASED TESTATOR.

Except for a will executed by the deceased testator according to his or her

own express wish, any other wills proved to have been drawn up by

resorting to fraudulent means by other persons or by enticing him with greed

or by using threats shall not be accepted as valid even though made in the

presence of the witnesses.

GA 7-13 NON-ENTITLEMENT TO PROPERTIES DEBARRED BY

GOVERNMENT EVEN IF INCLUDED IN A WILL.

If properties which have been debarred by the Government have also been

included in a will, then such properties shall not be inherited by any person.

GA 7-14 IN THE ABSENCE OF ANY VALID WILL, INHERITANCE TO

TAKE PLACE AS PER CHAPTER VIII

If there is neither a written will nor an oral declaration nor have the wished

of the deceased testator been expressed in any form or manner as prescribed

by law, then the procedure for the heirs to inherit the properties shall be to

process the cases in accordance with the provisions of Chapter VIII of this

Act. (Addendum to Section Ga 2-7 of THRIMSHUNG, 1957).

CHAPTER VIII

PROCEDURE FOR INHERITING THE PROPERTIES BY

MEMBERS OF THE JOINT FAMILY

HEIRS OF A DECEASED PERSON.

GA 8-1 RESTRICTION ON ACQUIRING IF A SHARE HAS ALREADY

BEEN TAKEN OUT OF THE PROPERTIES OF THE DECEASED.

A person who had taken a share from the properties of a deceased person

during the life-time of the deceased shall not be entitled to receive any

further share from the properties of that deceased. (Refer Section Ga 2-8 of

THRIMSHUNG, 1957).

GA 8-2 RESTRICTION ON JOINT FAMILY MEMBER WHO IS NOT ON

AMICABLE TERMS WITH THE DECEASED FROM TAKING

SHARE OF PROPERTY OF THE DECEASED.

Any person from the family or a relative or a member of the main house who

was not on amicable terms with the deceased when the deceased was still

alive shall not be entitled to inherit any share out of the properties of that

deceased (Refer Section Ga 2-9 of THRIMSHUNG, 1957).

GA 8-3 RESTRICTION ON RIGHTFUL SUCCESSOR RENOUNCING

BHUTANESE CITIZENSHIP FROM INHERITING.

Notwithstanding a person being otherwise entitled to inherit the properties of

the deceased, if he or she has once renounced the Bhutanese citizenship or

has not acquired Bhutanese citizenship then such a person shall not be

entitled to receive any of `inheritance\' from the properties of the deceased.

(Refer Section Ga 2-10 of THRIMSHUNG, 1957).

GA 8-4 RESTRICTION ON INHERITING BY AN ABSCONDER FROM

THE COUNTRY OR BY ONE WHO IS SERVING SENTENCE FOR

TREASON.

Notwithstanding a person is the rightful heir of the deceased or a member of

the joint family of the deceased, or whoever he or she may be, once that

person absconds from the country or is serving a term of imprisonment by

being an accessory to an act of treason against the country, then such a

person shall not be entitled to any share of `inheritance\' from the properties

of the deceased.

GA 8-5 WIVES TO GET THE SHARE IN CASE THE PERSON ENTITLED

TO SHARE SERVING IMPRISONMENT FOR OFFENCE OTHER

THAN TREASON.

If a person is serving a term of imprisonment for an offence, other than the

offence of treason against the country, then thee wives of that person who

are living with the join family shall be entitled to both the inheritance and

share from the properties of the deceased, to which the person serving the

imprisonment be entitled.

GA 8-6 PROCEDURE WHEN IN A CASE FALLING UNDER GA 8-5 THE

WIFE ABSCONDS OR CONTRACTS A SUBSEQUENT

MARRIAGE.

As mentioned in the preceding section Ga 8-5, if the wife who is both a

member of the joint family and inheritor of the properties of the deceasedhusband

also dies or contracts a subsequent marriage with any other person,

then the properties of the deceased shall be inherited by the children of the

deceased husband. In case there is no child of the deceased husband, such

properties shall have to be handed over to the main house of the deceased

husband.

GA 8-7 PROCEDURE WHERE WIDOW OR CHILDREN LIVE APART

FROM MAIN HOUSE AFTER INHERITING PROPERTY.

If the wife or children of a deceased husband, after inheriting the properties

of the deceased, with to live apart from the main house, then the properties

so inherited shall have to be made over to the main house as mentioned in

the preceding Section Ga 8-6. In case there are no such children, the

properties shall be declare to be properties without any heir. (CHATONG).

GA 8-8 SHARE OF AN ABSCONDER FROM COUNTRY OR ONE

SERVING SENTENCE FOR TREASON NOT TO BE INHERITED

BY HIS WIFE OR CHILDREN.

If a person who is both a relation and inheritor of the properties of a

deceased absconds from the country or is serving a term of imprisonment for

being an accessory to an act of treason against the country, then, whether he

has a wife or children, whatever the case may be, his share of inheritance

shall not be inherited by his wife and children.

GA 8-9 PERSONS LIVING APART FOR MORE THAN TEN YEARS NOT

ENTITLED TO INHERIT ANY SHARE.

Notwithstanding a person being both a member of the joint family and heir

of the properties of a deceased, if such a person has lived apart continuously

for more than ten years, his or her rights to inherit any share of the properties

of the deceased shall stand forfeited.

GA 8-10 PERSON ACCESSORY TO ACT OF TREASON OR ABSCONDING

FROM COUNTRY AFTER OFFENCE NOT O INHERIT.

A person, who having been an accessory to an act of treason against the

country or after committing any other offence has once absconded form the

country, shall not be entitled to any portion of an inheritance from the

properties of the deceased irrespective of whether or not a period of ten years

has elapsed from the incident.

GA 8-11 CHILDREN OF FIRST WIFE LIVING FOR MORE THAN TEN

YEARS WITH JOINT FAMILY ENTITLED TO INHERIT.

If a husband subsequent to divorcing his first wife contracts a marriage with

another woman, and the children from the first wife, on their being invited

or of their own wish, have lived for ten years with the joint family and that

husband dies, then, at the time of disposing of the properties of that

deceased, the children from the first wife shall also be entitled to inherit the

movable properties of the deceased in the same proportion as the other heirs.

But if ten years have not elapsed since their stay with the joint family, then

only those properties which have been stipulated to be inherited by them by

the deceased in his will shall be inherited by the deceased in his will shall be

inherited by them and they shall not be given any further share of the

inheritance. In case, the deceased during his lifetime had given such

children some properties then the proceedings shall be dealt with in

accordance with the provisions as prescribed by law.

GA 8-12 RIGHT TO PROPERTIES OF THE DECEASED BY JOINT

FAMILY MEMBERS.

Except for those members who have been debarred by law from inheriting

any properties, all the other members of the joint family shall have the rights

to inherit the properties of the deceased in accordance with the provisions of

the following sections.

GA 8-13 INCLUSION OF CHILDREN AS MEMBERS OF JOINT FAMILY

WHO HAVE LIVED APART FROM MAIN HOUSE WITHOUT

TAKING A SHARE FOR LESS THAN TEN YEARS.

If the children of a deceased or any members of the joint family, without

taking their share from the main house or without having any disagreement

whatsoever with the deceased, have lived apart for a period of less than ten

years, then such children or family members shall be deemed to be members

of the joint family of the main house (Refer Section Ga 2-12 of

THRIMSHUNG, 1957).

GA 8-14 PROCEDURE FOR DISTRIBUTION OF DECEASED\'S

PROPERTIES WHO HAS LOOKED AFTER BOTH HIS AND HIS

WIFE\'S HOUSE.

If a husband has looked after the welfare of both his and his wife\'s main

houses and has acquired properties for both the houses, then on his death,

such properties shall remain in that house, out of the two houses, where they

have been kept. In addition, if the deceased has acquired any personal

properties of his own, then those properties shall be utilized for his last rites

and ceremonies, and the residue shall be distributed among his children. But

if there are no children, then such properties shall be shared equally between

the main house of the deceased and that of his wife. (Refer Section Ga 2-14

of THRIMSHUNG, 1957).

GA 8-15 PROCEDURE FOR DISTRIBUTING PROPERTIES OF A WIFE

WHO DIES WHEN THERE ARE SEVERAL WIVES.

Where there are three or more wives of a husband and all are living together

in the joint family, then in the event of death of either of those wives, the

properties, both movable and immovable, acquired by her subsequent to her

marriage shall be inherited by her children; but if there are no children, then

the husband shall inherit such properties.

But the properties inherited by the deceased wife or the properties acquired

by her prior to her marriage, shall have to be made over to her main house

and in case there are no joint family members in her main house then those

properties shall be inherited by her husband. (Refer Section Ga 2-14 of

THRIMSHUNG, 1957).

GA 8-16 PROPERTIES TO BE DECLARED OF THE GOVERNMENT IF

THERE AR NO HEIRS.

When a person dies and there are no heirs to inherit the properties, both

movable and immovable of that deceased then all the properties of such a

person shall be deemed to be the properties without any heir (CHATONG)

and shall be taken over by the Government. And the responsibility of

performing the last rites and ceremonies of such a deceased shall also be

taken over by the Government. (Refer Section Ga 2-18 of THRIMSHUNG,

1957).

GA 8-17 RESTRICTION ON THOSE HAVING TWENTY FIVE ACRES OF

LAND FROM INHERITING ANY LAND OF DECEASED.

Any member of the main house who is the inheritor of the lands of the

deceased or the wife of the deceased, whether or not there are any children,

shall be entitled to inherit a portion from the lands of the deceased provided

such a family member or wife does not have 16,000 measures of produce

from their fields twice a year or does not own twenty-five acres of land.

And in case such a family member of wife obtains any yield of 16,000

measures from his or her fields twice in a year or owns twenty-five acres of

land, then such a person shall not be entitled to inherit any portion of land

out of the lands of the deceased. (Refer Section Kha 9-1 of

THRIMSHUNG, 1957).

GA 8-18 RIGHT TO PROPERTY OF THE DECEASED BY SURVIVING

SPOUSE OR CHILDREN IF DECEASED HAS NOT LIVED IN THE

MAIN HOUSE.

If a deceased husband or wife has not lived with the joint family members of

the main house, then all the property of that deceased, movable and

immovable, shall be inherited by the surviving wife or the husband, as the

case may be, or the children, as the case may be, or the children (Refer

Section 9-3 of THRIMSHUNG, 1957).

GA 8-19 ENTITLEMENT TO PROPERTIES OF THE DECEASED OF

CHILDREN AND MEMBERS OF THE MAIN HOUSE IF HUSBAND

OR WIFE LIVING IN THE MAIN HOUSE DIES.

On the death of a husband or wife living in the main house with the joint

family, all the properties of the deceased whether movable or immovable

acquired either prior to or after his or her marriage, shall be inherited by the

children and the family members of the main house of the deceased and not

by either the surviving wife or the husband. (Amendment to Section Ka 9-5

of THRIMSHUNG, 1957).

GA 8-20 RIGHT TO PROPERTIES BY WIFE OR HUSBAND AND

CHILDREN WHETHER OR NOT DECEASED HAS LIVED APART

IN THE ABSENCE OF MAIN HOUSE MEMBERS.

Irrespective of whether a husband or wife have lived together or separate;y

from each other, on the death of either, if there are no family members from

the main house of the deceased partner, then all the properties, movable and

immovable, acquired by the deceased either prior to or after the marriage,

shall be inherited by the surviving spouse and the children. (Addendum to

Section Ga 2-15 of THRIMSHUNG, 1957).

GA 8-21 PROCEDURE FOR INHERITING PROPERTIES OF DECEASED

HUSBAND OR WIFE WHEN THERE ARE NO CHILDREN OR

PARENTS.

If a husband or a wife, who has not received any inheritance from the

parents or from any other person,s keeps his or her parents or collateral in

the joint family after having acquired properties subsequent to their marriage

and also have children of their own, then in the event of death of such a

husband or wife, one-half of the properties of the deceased, movable and

immovable, shall be given to the parents and the collateral of the

deceased,and the other half to the surviving spouse. But if there are no

parents then one-third of the properties shall be given to the collateral and

two-thirds to the surviving wife or husband.

GA 8-22 ENTITLEMENT FOR LIVELIHOOD FROM LAND INHERITED

FROM PARENTS OF THE SURVIVING SPOUSE LIVING

TOGETHER FOR MORE THAN TEN YEARS.

If a married couple has lived together for a period of more than ten years but

has not purchased any land; and have land inherited from the parents, then,

in the event of the death of either of them, the surviving spouse shall be

entitled to receive a plot of land from the land as `livelihood\' (TOSHING).

But if such a surviving spouse contracts a subsequent marriage, then that

plot of land shall have to be restored to the main house.

GA 8-23 ENTITLEMENT TO, OR RESTRICTION ON ACQUIRING

`LIVELIHOOD\' IF A HUSBAND OR WIFE MARRIED FOR LESS

THAN TEN YEARS EXPIRES.

As mentioned in the preceding section Ga 8-22 when either the husband or

the wife who had lived together dies, but the period of their marriage has

been less than ten years, then if the surviving spouse wished to live apart

from the joint family, he or she, shall loose rights to any share of the

properties. But if, on the other hand, the joint family members forcibly evict

such a surviving spouse, then the person so evicted shall be entitled to

receive `livelihood\' (TOSHING) as mentioned in the preceding section.

(Amendment and addendum to Section Ka 9-4 of THRIMSHUNG, 1957).

GA 8-24 RULES GOVERNING INHERITANCE OF WIFE\'S PROPERTIES

LIVING WITH HUSBAND\'S JOINT FAMILY AND VICE VERSA.

On the death of a wife living with the main house family of the husband, or

a husband living with the main house joint family of the wife, all the

properties, both movable and immovable, inherited by the deceased spouse

or acquired by that couple subsequent to their marriage shall be inherited by

the surviving husband or the wife and the children. (Amendment to Section

Ka 9-6 of THRIMSHUNG, 1957).

GA 8-25 RULES GOVERNING INHERITANCE IF IN A CASE COVERED

BY SECTION 8-24 THE SURVIVING SPOUSE REMARRIES AND

THERE IS NO CHILD.

As mentioned in the preceding section Ga 8-24 where the husband or the

wife expires, but if that couple was childless then that surviving wife or

husband, in addition to inheriting the properties acquire when being married

to the deceased, shall also be entitled to the movable properties of the

deceased spouse. But the immovable properties of the deceased shall be

restored to the main house of the deceased partner. (Amendment to section

Ka 9-8 of THRIMSHUNG, 1957).

GA 8-26 RESTRICTION ON GIVING PROPERTIES WHEN CHILDLESS

COUPLE LIVING WITH THEIR RESPECTIVE JOINT FAMILIES

EXPIRES.

If a husband and wife instead of staying together reside separately with

members of their respective main house joint families, and that couple is

childless, then on the death of either the husband or wife, the properties,

both movable and immovable, shall remain in that main house where they

are kept and shall not be given by one house to the other.

GA 8-27 ENTITLEMENT TO HALF THE PROPERTIES TO BE INHERITED

BY THE DECEASED PARENT BY CHILDREN AS MENTIONED

IN SECTION GA 8-26.

If the married couple as mentioned in the preceding section Ga 8-26 has

children, then half of the properties, both movable and immovable, which

were to be inherited by the deceased parent from the main house, shall be

given to the children.

GA 8-28 RULES GOVERNING INHERITING EQUAL SHARES BY

CHILDREN FROM FIRST OR SECOND MARRIAGE.

If a husband or a wife having children dies and the surviving husband or the

wife remarries and has children from the second marriage also, and if the

second husband or wife with whom the first husband or wife had remarried

also dies, then, even if there are no properties, movable or immovable, in the

name of the first husband or wife, but only in the name of the second

deceased husband or wife, the children form the first marriage shall also be

entitled to inherited equal shares form such properties as the children form

the second marriage. (Addendum to section Ka 9-7 of THRIMSHUNG

1957).

GA 8-29 RESTRICTION ON INHERITING PROPERTIES OF FIRST

HUSBAND OR WIFE BY CHILDREN FROM SECOND

MARRIAGE.

If a husband or a wife having children expires and the surviving wife or

husband re-marries, and has children form the second marriage also, and the

second husband or wife with whom the first husband or wife had married

also expires, then, if there are no properties, movable or immovable, in the

name of the second deceased husband or wife, the children from the first

marriage only shall inherit the properties and the children form the second

marriage shall not be entitled to receive any portion therefrom.

GA 8-30 ENTITLEMENT TO PROPERTIES BELONGING TO SECOND

WIFE TO HER CHILDREN.

Where the first wife having no properties dies, and the surviving husband remarries

a woman having properties and that husband dies, then the children

form the second marriage shall not have to share the properties with the

children form the first marriage.

In the like manner, if the husband dies and the surviving wife remarries a

man having properties, then, in case the first husband had no properties,

movable or immovable, then the properties belonging to the second husband

shall not be inherited by the children from the first marriage but shall be

inherited by the children from the second marriage.

GA 8-31 NON-ENTITLEMENT TO INHERITANCE OF CHILDREN FORM

SECOND MARRIAGE OF PROPERTIES OF FIRST HUSBAND OR

WIFE.

If on the death of a husband, the surviving wife re-marries, and such a wife

also dies, then, if the properties were owned by the deceased first husband

and the second husband has no properties, such properties shall be inherited

by the children from the first marriage only and the children from the

subsequent marriage shall not be entitled to inherit any share therefrom.

In like manner, where after the death of the first wife the surviving husband

remarries and such a husband also dies, then, if there are properties

belonging only to the deceased first wife and the second wife has no

properties, such properties shall be inherited by the children from the first

marriage only and the children from the subsequent marriage shall not be

entitled to inherit any share therefrom.

GA 8-32 RESTRICTION ON CHILDREN OF SUBSEQUENT MARRIAGE

TO PROPERTIES INHERITED BY CHILDREN OF NON-JOINT

FAMILY; AND INHERITING OF SHARES BY CHILDREN OF

FIRST MARRIAGE ALSO FROM PROPERTIES OF SUBSEQUENT

HUSBAND OR WIFE.

If on the death of either the husband or wife not recognized as joint family,

the surviving spouse re-marries and keeps the children from the first

marriage, who have inherited some properties of the deceased parent, and

there are children from the subsequent marriage also and the second husband

or wife also dies, then, the properties both movable and immovable,

belonging to the deceased second husband or wife shall not be inherited by

the children from the first marriage; but the children from the second

marriage only shall be entitled to the properties of the second husband or

wife, as the case may be.

But if the second husband or wife remains alive and the former husband or

wife who had survived dies, then, all the properties, both movable and

immovable, belonging to such a deceased husband or wife shall be equally

shared by the children from the first and the second marriages.

GA 8-33 RULES GOVERNING INHERITANCE WHEN BOTH THE

HUSBAND AND WIFE EXPIRE.

If both the husband and wife expire, then, all the properties,movable and

immovable, held in their names, shall be inherited by their children,

Or, if there are no children and that husband or wife and lived separately in

their respective main houses with their respective main houses with their

joint families, then their properties shall be shared equally between their

respective main houses.

Or, if that husband or wife had separated from his or her main house, as the

case may be, and taken up residence in the main house of the wife or the

husband then their properties shall be inherited by the main house wherein

they had taken up residence.

But if such a husband and wife had both separated from their respective

main houses and the couple had lived apart from their main houses, then, all

their properties shall be deemed to be properties without any heir

(CHATONG). (Addendum to Section Ka 9-9 of THRIMSHUNG, 1957).

GA 8-34 RULES GOVERNING INHERITANCE WHEN A HUSBAND WITH

SEVERAL WIVES DIES.

If a man who has marries two or more wives, all of whom stay together in

one joint family dies, then, the properties of the deceased shall be inherited

by all the wives and the children. And if there are any outstanding debts of

the deceased, then all the wives and children who have attained the age of

eighteen years shall be liable for them. At the time of partitioning the said

properties, movable and immovable, on equal portion shall be given to each

of the wives and the children who have attained the age of eighteen years

and one portion shall be given to all the children together who have not

attained the age of eighteen years; but any portion of the outstanding debts

shall not be borne by those children who have not attained the age of

eighteen years. (Addendum to section Ka 8-11 of THRIMSHUNG, 1957).

GA 8-35 RULES GOVERNING INHERITANCE IF DECEASED HAS

SEVERAL WIVES LIVING APART FROM JOINT FAMILY.

If a man has married several wives and those wives live apart from the joint

family of that man, then in the event of death of such a man, the wife living

with his joint family only shall be entitled to inherit all the properties of the

deceased both movable and immovable; and all the wives living apart from

the joint family shall be debarred from inheriting any portion from the

properties of that deceased.

But if there are any children, including children form the different wives

living apart, then they shall all be entitled to only one-fourth proportion of

the share inherited by the wife living with the joint family; but they shall not

be liable for any outstanding debts owned by the deceased even if they have

attained the age of eighteen years.

GA 8-36 RULES GOVERNING PARTITIONING OF PROPERTIES OF

DECEASED IN ABSENCE OR JOINT FAMILY MEMBERS.

If there are no members staying in the joint family of a person and that

person contracts a marriage and dies thereafter, then, irrespective of the

period of that marriage, and whether or not any of them performed any

beneficial work for each other while living together, and whether or not they

have any children, and whether or not the surviving spouse re-marries, all

the properties, both movable and immovable, of the deceased shall be

inherited by the surviving husband or the wife, as the case may be. In such a

case, the members who are living apart form the main house of the deceased

shall be debarred from raising any objection whatsoever.


Letzte Änderung: 17.11.2007