Write a short note on Rule of Survivorship.
In India, the provisions of joint Hindu family are governed by Mitakshara law school. According to this school, our society is patriarchal in nature and because of this only male persons have right to acquire the property. Under this school, the position of female is very worst because according to this school, female heirs have right to claim maintenance only. They can not acquire the property from the coparceners. Under this school, the rule of survivorship is very famous.
According to this rule, if a coparcener dies leaving behind his interest in undivided joint property then his share is devolved upon other remaining coparceners and not upon female heirs of the deceased coparceners.
Thus, female heirs have right of maintenance only and they can not take the property after the death of coparcener because according to rule of survivorship only surviving coparceners have right to take the property.
The main aim behind this rule is to protect the jointness of joint Hindu family and joint family property. Because if after the death of coparcener, his property is devolved upon female heirs then after her marriage there may be a chance of involvement of stranger into joint Hindu family.
So to prevent the entry of stranger, according to this rule property is devolved upon coparceners only because the basic purpose of this rule is to keep the property with the members of joint Hindu family.
Before the enactment of Hindu Succession Act, 1956, in case of death of coparcener, the property of that coparcener was devolved only by rule of survivorship but after this act, the government limited this rule and according to this act, if any female class-I heir of a coparcener is alive then in such a case after his death the property will not devolve upon other coparceners but it will devolve upon Class- I heirs by rule of succession. But after the Amendment of 2005, the rule of survivorship has been completely abolished.