Dilution of the Doctrine of Survivorship

Indian Journal of Law and Legal Research, Volume II Issue I, May 2021

4 Pages Posted: 26 Aug 2021

See all articles by Sarthak Sharma

Sarthak Sharma

O. P. Jindal Global Law School

Date Written: May 2021

Abstract

The doctrine of survivorship was a model of property division, prevalent in the Mitakshara school of thought under Hindu legal traditions. It was a heavily patriarchal system which essentially mandated the division of the estate solely among the male claimants, terming them as coparceners. This selective exclusion of female descendants and disqualification of legal heirs’ claim in their ancestral property was gradually diluted and ultimately abolished via a series of legislations and amendments, providing females a greater equitable claim, a guaranteed share and a set of complimentary rights. This article documents this process and its impact, via examples of important cases and critical outlook of the currently persisting issues in the much-transformed doctrine.

Keywords: Survivorship, Doctrine, Abolition, India, Family Law

JEL Classification: K36, K10

Suggested Citation

Sharma, Sarthak, Dilution of the Doctrine of Survivorship (May 2021). Indian Journal of Law and Legal Research, Volume II Issue I, May 2021, Available at SSRN: https://ssrn.com/abstract=3892558

Sarthak Sharma (Contact Author)

O. P. Jindal Global Law School ( email )

India

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