Haryana: How Meo Women Still Can't Inherit Property Due to a Colonial Law

"Humein humara haq chahiye," say Rubina and Hakeeman. Many women have been fighting such cases since decades.

Rubina with her mother Hakeeman who have been deprived of any share in inheritance in Nuh.

(Photo: Aroop Mishra/The Quint)

"I miss my old home, how do I not have any control or share over the house I spent my childhood in?"

Rubina (35) distinctly remembers the day that she and her mother, Hakeeman (75) were pushed out of their house in Nalhar village in Nuh, Haryana. After Hakeeman's husband passed away, all the properties in the village were taken by Raheeshan, the first wife as she also has sons besides daughters.

In Nuh, having sons or a brother means it is relatively easier to demand and control inheritance. But Hakeeman only has one daughter, Rubina. The mother and daughter were made to leave the house and they now reside in a small shelter surrounded by a field in Nuh.

Rubina and Hakeeman's story is similar to the struggles of numerous Meo Muslim women in and around Nuh who have been historically and socially deprived of one fundamental right: Inheritance.

The devil behind this is an archaic, colonial customary law, known as the 'Riwaz-e-kanoon' barring the women from inheriting property.

Hakeeman, along with her daughter, was pushed out of her late husband's house.

(Photo: Shiv Kumar Maurya/The Quint)

"It's an evil law. Around 10 kms away is Mewat in Rajasthan, the Meo women can inherit property but in Nuh, Meo women still cannot own any property, ironically," advocate Nishant Gupta to The Quint.

How The Law Impacts Umpteen Meo Women

The customary law warrants a deeper look. Introduced in the early 1900s, the law came into being in United Punjab province. Soon after the bifurcation took place and Haryana was carved out of Punjab in 1966, the law was abolished in Punjab but continued to exist in Haryana. Mainly it pertained to the entire Gurugram district of which Nuh was a part then.

"It was referred to as the Punjab customary law in those times, then the Hindu Succession Act came, Muslims had their own personal law, pertaining to Hindus and Muslims. But back then Meos didn't identify as either Muslim or Hindu so they are still governed by the customary law."

Advocate Nishant Gupta to The Quint

Customary laws supersede every other law, even the Constitution on matters like inheritance. If a Muslim has migrated and settled like the Meos, it's applicable on them, he noted.

The archaic customary law denies Meo women their rightful share in property.

(Photo: Aroop Mishra/The Quint)

Error 404: Inheritance Not Found

And thus came the story of Hakeeman and many other women like her.

Hakeeman and Rubina recalled that even the house they were supposed to get an equal share in has been reconstructed as per Raheeshan's will. "Ab toh naksha hi badal dia," they said, referring to the 300 gaj land.

Whatever Raheeshan schemed, she got it done through her sons but it has impacted their lives forever, they alleged.

"After they were thrown out of our home, other relatives took care of them for 2.5 years. Now, I look after them. They are labourers. I'm helping them to fight the case and was able to get a stay order on the transfer, yet Raheeshan has taken full control on that house," Ilyas to The Quint.

The current living quarters of Hakeeman, Rubina and Ilyas.

(Photo: Aliza Noor/The Quint)

Rubina and Hakeeman echoed a similar sentiment: "Humara jo haq hai humein mile." (Give us what is our right).

Advocate Gupta asked an important question: "A woman loses her husband and she comes back home to her mother. How will she have any share that could help her stand on her feet? It is then ultimately upon the brothers whether they want to take care of her and the mother or not."

He paused and remarked, "There are women who have fought property cases till they grow old and even pass away but still don't get their rightful share — a home, room or a share of land to call their own."

Another case in point is the case of Waheed's family, six sisters whose fight to get their ancestral property has taken most of their lives while the younger ones have also grown up.

Since decades, Meo women have fought for their property rights but have failed to get complete justice.

(Photo: Aroop Mishra/The Quint)

The women were fairly young when they started the fight around 12 years ago. But now they have aged. Haseena (58), Khatija (55), Rabina (45), Bassan (36), Kairoli (26) and Mehram (21).

Their uncle, Waheed has been helping them fight their case. He told The Quint, "My aunt wrongly sold the land to another local, Nasruddin who swooped in after uncle's demise years ago. She didn't realise what she did. The property, a Qila was to be divided among the six daughters but it wasn't."

The property was also devalued and sold off at a much lower price.

"It would have been one last nishaani (mark) left by their father to them, a house for them with a share to each, a vital resource but they don't have that privilege yet like most women in Nuh."

Waheed to The Quint

The six sisters lost the house after their late mother sold it to a local. They're still fighting the case.

(Photo: Aroop Mishra/The Quint)

'If a Son is a 'Waaris', Then a Woman Is Too': Lawyer

Their lawyer, Liaqat Ali has been looking at their case since 12 years. He told us that there is a reason the law still applies to Meo women.

"Meos are converted Muslims. We come from a lineage of Kshatriya Rajputs, hence neither Muslim nor Hindu law applies to us," he said.

According to Ali, historically, Meos are said to have come from a army/warrior clan who fought alongside Mughals and Rajputs, there were instances were the girls/women of a family were abducted in conflicts and their property share would be lost.

Hence, the law originated in giving them life estate right instead of ownership.

"If her husband passes away, she can maintain and take care of the land but she can't own it or further sell the same. Because they're not an owner, they can't sell it," Ali told The Quint.

On being asked if writing a Will beforehand would make any difference, Advocate Gupta said it is still challenged in the court under the customary law and since they are ancestral properties, they "will fall upon the sons."

Similarly, another Advocate Tahir Devla who has also seen to some civil suits pertaining to such property rights, he said, "It is to deny women of their basic rights."

Further, he elaborated on how the British also picked up from the Indian culture and sensibilities then and codified the law. A law like this not just practiced in Nuh, but also in some regions in UP and among some tribal groups, he remarked.

Today in the 21st century, a law reigns that was made 150 years ago. When we advocate for equal rights we have to talk about how this law is based on inequality. We have challenged it in court that by birth, women have a right to their property. The way a son is the waaris (heir), so is the woman.

Advocate Tahir Devla to The Quint

Lawyers such as Nishant Gupta, Liaqat Ali and Tahir Devla have been fighting cases to provide some relief or help in terms of life estate rights.

(Photo: Aroop Mishra/The Quint)

An official district registrar (Patwari) who wishes to remain anonymous, narrated about the time he was confronted with a case of four girls being denied of their property and he stepped in to help.

These four girls lost their father. After his demise, one of his brothers asked for the property since the late father had no sons. But I refused and registered the property on the girls' name. Another uncle gave a supporting statement for the girls. Now, the uncle is fighting for the property via a PIL in court.

Official rent collector (Patwari) to The Quint

The official (Patwari) drew the family graph on paper to explain the case to us.

(Photo: Aliza Noor/The Quint)

He added, "The biggest shortcoming is that the women lose their own share if they don’t go to court. If they don’t get it, where will they go? And court cases like these take time."

These cases got this reporter wondering where the local leaders of the community stand on this issue and if there was a pushback on the ground.

Lawyer Ali said that politicians don't address it because it would mean 'less property for them.'

When The Quint met Mohd Alam, legal head of Jamiat Ulema-e-Hind in Nuh, he instantaneously said that noted scholar Mahmood Madani has often reiterated in his speeches that when it comes to the "share of a sister, you have to give it to her. It's not forgiven."

"Whether you pray diligently or do Haj, the inheritance rights the women are owed can't be ignored. Even in majlis or meetings, we do talk about that the sisters should get their rights. Sadly, in Meo culture, it still persists. but leaders have addressed that we stand by the women in the case," he noted.

It all comes to this: How do eliminate a law still depriving women of a basic right that could help in their upward mobility and autonomy? Gupta rightly observed:

"The only way to abolish it is by Act, until and unless the legislature interferes and dissolves it, nothing else can be done."