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inheritance law 25. The heirs will receive the estate owned by their parents 70, and it is in the form of a moving object and the object is not moving. For
the division of legacy between boys and girls, it turns out most of them divide equally 35, however, most of them use of the Islamic law, namely the part of
boys larger than the number of girls part, 2: 1. In the division of inheritance in traditional Minangkabau society, also
distinguished between the living treasures and property. The living treasure should be clear, in part or in full whether has been granted to the heir or nephew
or not. If it already granted, of course, the property is the right of the person concerned. If the bako brother of the heir demanding hisher share, then be
resolved by deal. Meanwhile, the division of inheritance to determine who will hold the rights ganggam bauntuak can be resolved by deal too. About living
treasure, the question is whether it can be inherited by the father to his wife and children. In this case, the customary law experts said that the living treasure has
no legal status in custom and it is not also include the low inheritance.
5.1 The High Legacy Harto Pusako Tinggi
In term of legacy system in Minangkabau society which is matrilineal, its high inheritance and living treasure divided by Syara. The High Legacy Harto
Pusako Tinggi is a treasure that is not longer unknown origin. While the low legacy is still unknown origin or ancestry who still remember and pass it aound
when acquired. According to Minangkabau culture, obtained with the Harto Pusako Tinggi with iron, Harta Pusako Randah property obtained by gold. Harto
Pusako Tinggi is “yang dijual tidak dimakan beli, digadai tidak dimakan sando
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sandra” that can not be sold and moved to hands of others. And this is the great pillar Minangkabau. The High Legacy inherited to daughter. The high
inheritance should not be on sale and may only be pawned. In term of selling or mortgaging high inheritance, there must be consent
and agreement of all heirs and witnessed by members of the Chieftains or Penghulu. Such this things should not carelessly, but with the approval. The High
Heritage be pawned for 4 things : 1
Gadih gadang indak balaki, means there is a girl or a widow who already worth mated. But it costs nothing to fill out customs and for the marriage
event. 2
Mayik tabujua di ateh rumah, means that the land be mortgaged to cover the cost of the death, burial, feast, and so on, especially if the death of a
Penghulu. 3
Rumah gadang katirisan, means the custom home has been damaged. It need to be prepared or repaired, while the savings rate does not exist at that time.
4 Mambangkik batang tarandam, means the customary are not standing in the
community. The house had to be built by Penghulu. Because the cost to fill the custom at Nagari is not enough.
But in reality it looks now, according to the progress and development of society, there are people in Minangkabau mortgaged her legacy not because such
things are mentioned above, such as : to cover the trade deficit, for the purposes of medical expenses and for childrens education. it can be concluded that in
principle people selling or mortgaging the legacy is as a source of credit. And
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credits earned by selling or mortgaging the property, was not used for the heritage that is productive, but it is for consumtive.
5.2 The Low Legacy Harto Pusako Randah
