The BENGAL INHERITANCE REGULATION, 1793

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1793 Ben. Rcg .ll] l NHERITAN Cl·, 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. 
• 
l. A custom , oria;inating in comiderations of financial conve- Preamble. 
nience, was e~tal>lt-.hcd in hese Pr·wiucr.s under the Native 
.Administration~. acc,>rding to which some of the most extensive 
zamindancs arc not liable to division. 
Upon the death of the proprietor of one of these estates it 
devolves entire t (J the eldest son or next heir of the deceased to 
the exclusion of all other sons or relati ons. ' 
This custom is repugnant both to the Hindu and Muh amma­
dan laws, which annexed to primogeniture no exclusive right of 
succe, ion to bnded property, and con seq ucnlly subversive of 
the rights of those individuals who would be entitled to a share 
of the estiltes in question were the est.Lblished laws of inheritan ce 
allowed to operate with regard to them as well as all other 
estates. 
~ SHOH.f 'flTLI:. :-'1 his ~horttitl~ wa' p-iven by the Amendin~~; Act, 
1897 (\'of J, 97), sinc-e t«:pl'aled. 
LQC,\L J~XfENT. -This regulaunn h:n heen declared, by noli cati .m 
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 
'\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, 
' 
34. lNUERil ANCE [1793: Ben. Reg .ll. 
It lik ewise t(•nds to prevent the general improvement of the 
country, from the pro priet ors of these lar ge esta tes not having 
the means or bei ng unable l<.' bestow the attention , requisite for 
brin g ing into cult ivati on the extensive trar.t s or waste la nd com­
pri sed in them. 
For the above reasons, and as the limitation of th e public 
demand upon the estat es of individua ls as the y now exist, and the 
rules prescribed for apportioning the amount of it, on the !>Cvc ral 
share s of any estates which mav be divided, obviate the ohjec tiom 
and inconv enie nces that might have :uisen from such divi sions 
when the public d e mand wa~ lia ble lo a nnu al or frequ e nt varia­
tion, the Governor Genera l 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, o r without h .l\in~ 
peny after d r·clarcd by a writ ing , o r vrrbally , Lo who·11 and in what manner 
1st Jul y his or her la nded p rop er ly is Lo devolve after h is o r her demise, 1794· and sh all 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 t he former or 
latt er persuasion) may be respect ively entitled to succeed to a 
portion of the land ed property of the d ecease d , such pers ons s h all 
suceed to the shares to which they may be so ent itl ed. 
Estate how 
held on 
death or 
actual pro­
prietor. 
Ben. Act 
VIII of 
1876. 
3 If any zam indar, ind epe nd ent talukdar or other actual 
proprietor of la nd sha ll clie * u without a will, or without having 
decl a red by a writiug or verba lly, to whom and in what ma •. ncr 
hi s or her la ntl cd property n to d e volve after his or her demise, 
and shallledve two or mo re hei rs, who uy the ..\Iuh arnma d a n or 
Hindu law (ac cording as 1he partie s may be of the form er or 
latt er persuasion) shall be: respectively entitled to s u ccee d to a 
portion of the la nded p roper t y of the deceased , under the rule 
coB tain cd in (sert ion 2) 3 such persons shall be a t liberty, if they 
shall prefer so tloing, to hold the prop erty as a joint undi vide d 
estat es. 
If one or mo re, or all of the shar ers, sha ll be d esirous of 
havin g separate pos, ession o l their respec tive shares, a division of 
the estate shall be made in the mann er di rerte I in (the Estates 
Partition Act, l 876]1 , and such sharer or sharers shall hav e the 
sepa rate 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 for 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 for 
the word and fi~ures ''Rebulatio n 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 neither 
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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