Primogeniture & Marumakkathayam: A Comparison

Primogeniture and Marumakkathayam represent two distinct, often opposing systems of inheritance and family structure. 
Primogeniture is a patriarchal system favouring the eldest male, while Marumakkathayam is a matrilineal system tracing descent through the female line. 

The right of the first born son to inherit the entire estate of his parents, usually to the exclusion of younger siblings and daughters is primogeniture system of inheritance. The main focus of the system is to keep the estate undivided and to secure patriarchal hegemony 

In traditional Namboothiri Brahmin society a strict form of Primogeniture was practised where only the eldest son was allowed to marry within the community and have a Vedic marriage. This was designed to keep family property undivided or fragmented. The elder sons were called Moothathu. The Namboothiri wife was called Antharjanam and could give birth to legitimate sons. 

The younger Namboothiri sons (Aphans) entered into  informal alliance called Sambandham with matrilineal communities like Nairs. Children born of Sambandham were not considered Namboothiris. They belonged to their mothers' family line and inherited property through matrilineal system ensuring they had no claim to the Namboothiri father's ancestral estate. 

The Namboothiri unmarried women increased abnormally by this system. They were confined to the inner chambers of Illam or Mana.  The system faced heavy criticism in the early 20th century.  The system was changed with the introduction of Madras Namboothiri Act of 1933, which legally allowed younger brothers to marry within the caste and gave them right to the share of the family property. 

In England, the system of Primogeniture has been systematically dismantled over several centuries.  For general public, with the introduction of Administration of Estate Act 1925, primogeniture was abolished for anyone dying without a will.  It provided that in the absence of a will the assets are shared equally among children regardless of gender or birth order.  Since the Statute of Will 1540 the individuals had the legal right to disinherit the eldest son by specifically naming other heirs in a will.

Succession to the Crown Act 2013 abolished male preference primogeniture with absolute primogeniture. Now the eldest child succeed to the throne regardless of gender. But the primogeniture system still applies to Peerage or Titles of Nobility.

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