1226 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Shri Rajagopalachari : It is a kind of adoption in Punjab.
Sardar Hukam Singh : It is not power of attorney. It is made-easy.
Pandit Thakur Das Bhargava : I beg to move :
For part (viii) renumbered as part (xi) of clause 3, substitute the following :
“(xi) ‘son’ includes an appointed heir and an adopted son whether appointed or adopted before or after the commencement of this Code but does not include an illegitimate son.”
As the House probably knows, the appointment of an heir is a special custom in Punjab.
Mr. Deputy Speaker : We were considering the definition of ‘son’. So far as an heir or a person who is appointed as an heir is concerned, it may be that he may be appointed as an heir for the purpose of the property. In fact, it may be a person who may be fit enough to marry the daughter of the person appointing him as the heir.
Pandit Thakur Das Bhargava : By custom, he is equivalent to a son. Therefore, he cannot marry his own sister. The person who is appointed as heir carries an intimate relationship. He is just like a son for all practical purposes.
Mr. Deputy Speaker : Even to the extent of coming into the prohibited degree ?
Pandit Thakur Das Bhargava : Yes. He comes into that family. There are several customs with regard to appointed heirs in the territory which is now under the Commissionership of Ambala. It is just like adoption. There is absolutely no difference between adoption and the appointment of an heir. The ceremonies even are sometimes the same. The person who is appointed as heir is treated more or less as the son. He cannot marry the daughter of the appointer, because the daughter of the appointer is his sister. No person in Punjab will ever believe that the daughter of the appointing father can possibly be married to that boy. He could not marry even a cousin. He is treated just like a son. The only difference is that, so far as the eligibility of an heir is concerned, he may be a married man with sons and daughters.
Dr. Ambedkar : He can also be a man with dhadi.
Shri Rajagopalachari : The hon. Member will perhaps educate us in the matter—is it open, according to that custom to appoint ones own son-in-law as his son ?
Pandit Thakur Das Bhargava : In that case he is called ‘ ghar-javai ’ .