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Sarthak Sharma

Dilution of the Doctrine of Survivorship





Sarthak Sharma, OP Jindal Global Law School


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.

Kommentare


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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