Ghana: Information on whether, among the Ashantis, the property of a deceased person would go to the son of his sister by customary practice or by law, if the deceased person has a son

According to a professor of history at James Madison University in Harrisonburg, Virginia, who has written many scholarly articles on Asante (Ashanti) history, inheritance among the Asantes (Ashantis) is matrilineal (21 Feb. 1995). In a telephone interview, the professor explained that, according to Asante custom, a son inherits his maternal uncles. However, the father may opt to leave his estate to his children or their mother (ibid.). For the transaction to be customarily acceptable, the property transfer to his son or children must be done in the presence of witnesses (ibid.). The professor said that the practice currently among Western-educated Asantes is to mention such property transfers in their wills. Nonetheless, experience has shown that upon the death of a father, the matrilineal relatives may contest the children's right to inherit from their father (ibid.).

Despite the matrilineal tradition for inheritance among the Asantes, Ghanaian courts are empowered by common law to decide the equitable division of a father's estate (ibid.).

To streamline and update customary practice in the area of inheritance in Ghana, the former Provisional National Defence Council (PNDC) government passed the PNDC Inheritance Law in 1985 (ibid.). The law is a combination of four separate laws (ibid.). They include PNDC Law 111 (succession), PNDC Law 112 (customary marriage and divorce), PNDC Law 113 (administration of estate) and PNDC Law 114 (head of family accountability) (ibid.). According to the source, PNDC Law 114 states that any property belonging to the matrilineal lineage must go to that family, upon the death of the head of the family. Properties belonging to the matrilineal lineage include all land, farms and houses the father inherited from the matrilineal lineage (ibid.).

A representative of the Ghana Refugee Union of Quebec in

Montreal corroborated all the information provided by the James Madison University professor (21 Feb. 1995). During a telephone interview, the representative added the matrilineal system of inheritance is an old custom that is gradually dying out among the Asantes. The representative attributed this shift in emphasis to changing economic and social circumstances. As a result, fathers currently tend to be responsible for their own children, instead of caring for nephews and nieces (ibid.).

According to Area Handbook for Ghana, the principle of matrilineage is the basis of, among other things, inheritance and succession to office (1971, 114). However, when an Asante has not indicated his wishes to the contrary, "inheritance generally falls to the man's sister's son who, as a lineage member of the younger generation is the presumptive heir" (ibid.).

For basic information on inheritance among the Asantes, please refer to Responses to Information Requests GHA17315.E of 6 May 1994 and GHA7979 of 16 May 1991. These documents are currently available at Regional Documentation Centres. Also, please refer to the attachments.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Area Handbook for Ghana. 1971. Edited by Irving Kaplan. Washington, DC: Secretary of the Army, pp. 87-135.

Ghana Refugee Union of Quebec, Montreal. 21 February 1995. Telephone interview with representative.

Professor of history and author of many scholarly articles on Asante history, James Madison University, Harrisonburg, Va. 21 February 1995. Telephone interview.

Attachments

Area Handbook for Ghana. 1971. Edited by Irving Kaplan. Washington, DC: Secretary of the Army, pp. 87-135.

Manoukian, Madeline. 1964. Akan and Ga-Adangme Peoples. London: International African Institute, pp. 35-39.