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Chapter 6 - On Inheriting Land

Published online by Cambridge University Press:  04 January 2025

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Summary

Abstract

Diverse practices in relation to inheritance laws, marriage and nonmarital children can be observed in eighteenth-century Sri Lanka. Family law was an area in which the attempt to transform local practices was conspicuously present, but not fully achieved. The VOC faced a normative order that was characterised by ritual underpinnings. The Dutch practice of registering marriage was linked to conversion and to inheritance of property. Yet, the two-step process of reading the banns and subsequent marriage ceremony created confusion and locals still followed customary practices for forging unions. Assimilation is seen in the European concept of illegitimacy seeping into family life, while situational judging led to the adaptation of local concepts of inheritance. The perseverance of local practices of inheritance is testimony to the lived experience of pluralities in practice.

Keywords: Inheritance law, marriage, pluralities, situational judging, colonial family law, nonmarital children

Pilane Godakandege Gimara of Galle did not deny that her husband had been born out of wedlock, and neither did his biological mother. However, in 1788, years after his death, Gimara was brought to the brink of economic ruin when her husband's relatives challenged his inheritance rights. Illegitimacy laws introduced by the Dutch East India Company threatened her right to retain her land rights. She did not deny the circumstances of Daniel's birth, but objected to a rescinding of property rights on those grounds. Why, it was asked in her appeal to a higher court, had her husband's relatives brought up the issue only now? How did ordinary men and women like her respond to new laws concerning nonmarital children in late eighteenth-century Galle? This was a period in which Dutch laws had potentially the most effect. In a final twist of events, Gimara's opponents were also denied any added inheritance. Marriage and inheritance, transactions of everyday life, were affected by the company's requirement for either a recognised customary marriage or registered marriage, without which births would be considered nonmarital.

Land ownership, inheritance and kinship are inseparable elements in the Sri Lankan context. A legal approach necessarily involves all three aspects. Observing family life and inheritance together is an expected outcome.

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Lawmaking in Dutch Sri Lanka
Navigating Pluralities in a Colonial Society
, pp. 207 - 256
Publisher: Amsterdam University Press
Print publication year: 2023

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