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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]
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