Doctrine of Survivorship under Hindu Law?

already exists.

Would you like to merge this question into it?

already exists as an alternate of this question.

Would you like to make it the primary and merge this question into it?

exists and is an alternate of .

According to the principles of Hindu Law, there is coparcenership between the different members of a united family and survivorship following upon it. But this right of survivorship is lost if the marriage of the coparcener is solemnized under the Special Marriage Act of 1872.

There is community of interest and unity of possession between all the members and upon death of any one of them, the others take by survivorship that in which they had during the deceased's lifetime a common possession. [Katama Nachiar v Raja of Shivaganga (1863) 9 MIA 539, 611; Subramanya Pandian v. Sivasubramania Pillai (1894) 17 Mad 316, 328]

The right of survivorship rests upon the text of Narada and is recognised in the Mitakshara. [Subramanya Pandian v. Sivasubramania Pillai (1894) 17 Mad 316, 330.

The Arthasastra of Kautilya clearly lays down the rule of survivorship. "If a man has no male issue, his own brothers or person who have been living with him shall take possession of his property; and in their absence, his daughters shall have his property".

Narada says: "If among several brothers, one childless should die or become a religious ascetic, the other shall divide his property, excepting the stridhana". In other words, survivorship consists in the exclusion of the widows and other heirs of the coparcener from succeeding to his undivided interest in the coparcenary property. Even a disqualified person is a member of the coparcenary and even though he has no rights at a family partition, he is entitled, when he becomes the last surviving male member of the joint family, to take and enjoy the whole estate by survivorship. [Muthuswami Gurukkal v. Meenammal (1919) 43 Mad. 664.]

The rule of survivorship is precluded when there is attachment of the undivided share of coparcenary for his personal debt and is sold in execution even if the coparcener dies subsequently when the attachment subsists on the date of death. [Bharamappa v. Rudrappa AIR 1955 MYs. 13 : ILR (1954) Mys 361]
7 people found this useful

Is the estate of the deceased protected against law suits from hospitals debt under the right of survivorship?

Answer . I think that the remainderman could still be responsible for the hospital debt, if the person has any life insurance I think it could come from there. But in Nort

What is the doctrine of natural law?

It states that nature has provided norms for human conduct. St. Thomas Aquinas's "Treatise on Law," a part of his Summa Theologiae has been the renowned exponent of the same.

What are the Hindu laws?

PERSONS GOVERNED BY HINDU LAW : The following persons are governed by Hindu Law: 1. A HINDU BY BIRTH : If the parents are both Hindus, their children whether legitimate or ill

What is the meaning of the legal doctrine known as 'fruit of the poisonous tree' under US Constitutional law?

The "fruit of the poisonous tree" is a legal doctrine that prohibits the use in a criminal trial of any evidence that was obtained by means of an illegal arrest, an unauthoriz

What is common law and the doctrine of precedent?

The doctrine of precedent is a rule which governs the courts. In a nutshell, the decisions of a court will bind all subsequent and lower courts. This means that should a case

What is Diverse law under Hindu marriage act?

agar kisi hindu ladkey nay kisi hindu lakdi sey sadi ki hay,par undono ka kisi bhi tarh ka marraige relation nahi ha,koi bhi prakarka physical relation bhi nahi ha,way dono sa

If two people OWN a building as joint tenants with right of survivorship and one dies intestate under what law does the other own the building?

Joint tenancy developed under English common law. In jurisdictions that are based on English common law a joint tenancy with the right of survivorship creates an estate in t

If husband and wife own the house as joint tenants with right of survivorship then under CA law does having the mortgage only under husband impact ownership of the property in the case of death?

You should consult with an attorney who specializes in real estate law in your area. In some states, a mortgage by one joint owner will sever the joint tenancy and the bank wi

What is doctrine of waiver under Indian contract law?

Waiver is abndonment of performance and is laid down in Sec. 63 of the Contract Act. This is an unilateral act of the promisee, so no fresh agreement is not required. Example: