DOCTRINE OF SURVIVORSHIP

The doctrine of survivorship in Hindu law is a unique concept regarding the devolution of coparcenary property. Conventionally, under the Mitakshara school of Hindu law, when a coparcener died, his share in the coparcenary property did not go to his heirs (like his wife or children).Instead, it automatically vested in the surviving coparceners. This meant that the deceased coparcener's interest in the property was "absorbed" by the remaining members of the joint family. This concept was derived from the traditional Hindu joint family system, where the family property is held jointly, and individual members have no absolute rights over any specific portion of it.

However, with the implementation of the Hindu Succession Act, 1956, and the Hindu Succession (Amendment) Act, 2005, the coparcenary system has undergone reforms, especially with daughters being granted coparcenary rights equal to sons. This selective exclusion of female descendants and disqualification SSSSof 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.

The 2005 amendment granted daughters equal coparcenary rights with sons. This effectively abolished the doctrine of survivorship in its traditional form, where a deceased coparcener's share would automatically vest in the surviving male members. Now, a daughter's share, upon her death, devolves to her heirs according to the rules of intestate succession By granting daughters equal coparcenary rights, the amendment aimed to address the historical gender inequality in Hindu law regarding property inheritance.