• Dilution of the Doctrine of Survivorship

    Author(s):
    Sarthak Sharma, OP Jindal Global Law School
    Editor(s):
    Indian Journal of Law and Legal Research (see profile)
    Date:
    2021
    Subject(s):
    Law
    Item Type:
    Article
    Permanent URL:
    http://dx.doi.org/10.17613/x6kw-re31
    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.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    2 years ago
    License:
    Attribution-NonCommercial

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