survivorship
Ravikant Soni
(Querist) 07 June 2011
This query is : Resolved
Dear experts,
I need a correct definition of "survivorship".
Plz answer the post with correct position of law and with help of refereces.
Ravikant Soni
(Querist) 07 June 2011
This query is in context with HINDU LAW OF INHERITANCE.
PALNITKAR V.V.
(Expert) 07 June 2011
It is a right to receive or succeed to full title or ownership or other kind of interest due to having survived another person. This term is not defined.
prabhakar singh
(Expert) 07 June 2011
citations that you may go throw are:
(1973) 091 ITR 0193 (Kar) IN THE HIGH COURT OF KARNATAKA
Brahmvart Sanathan Dharam Mahamandal, Kanpur & Ors Vs. Prem Kumar & Ors [1985] INSC 136 (10 May 1985)
1985 AIR 1102 1985 SCR Supl. (1) 718 1985 SCC (3) 350 1985 SCALE (1)1058
"SERVIVORSHIP"may have several contexts.But it has been evolved by Mitakshra school of Hindu Law.Where with regard to ancestral property created by a grand father was deemed to pass on his son as well on grand sons not as heirs having succession rights but by creation of survivorship of males alone.
This stood modified by enactment of Hindu Womens' Right to Property Act1937,as it recognized limited life interest in such a coparcenery of widows left by deceased coparcener.AND HSa 1956 modified a bit more
by converting such limited interest as absolute vesting in widow as owner but coparcenary remained in the pools of males, but by enactment of HSA2005 this gender bias has been said goodby.
Ravikant Soni
(Querist) 07 June 2011
prabhakar sir,
Could you plz provide me full text of judgement containing your post--
"SERVIVORSHIP"may have several contexts.But it has been evolved by Mitakshra school of Hindu Law.Where with regard to ancestral property created by a grand father was deemed to pass on his son as well on grand sons not as heirs having succession rights but by creation of survivorship of males alone.
This stood modified by enactment of Hindu Womens' Right to Property Act1937,as it recognized limited life interest in such a coparcenery of widows left by deceased coparcener.AND HSa 1956 modified a bit more
by converting such limited interest as absolute vesting in widow as owner but coparcenary remained in the pools of males, but by enactment of HSA2005 this gender bias has been said goodby.
Ravikant Soni
(Querist) 07 June 2011
I got
Brahmvart Sanathan Dharam Mahamandal, Kanpur & Ors Vs. Prem Kumar & Ors [1985] INSC 136 (10 May 1985)
1985 AIR 1102 1985 SCR Supl. (1) 718 1985 SCC (3) 350 1985 SCALE (1)1058
but not found...
(1973) 091 ITR 0193 (Kar) IN THE HIGH COURT OF KARNATAKA
Ravikant Soni
(Querist) 07 June 2011
@prabhakar sir,
Brahmvart Sanathan Dharam Mahamandal, Kanpur & Ors Vs. Prem Kumar & Ors [1985] INSC 136 (10 May 1985)
I gone thru this rulling but no use..
I need exact wording which you posted.
R.Ramachandran
(Expert) 07 June 2011
Dear Mr. Ravikant,
Please see the attached extract from "Mayne's Hindu Law and Usage" is of any use to you.
prabhakar singh
(Expert) 26 January 2013
"I need exact wording which you posted."
Dear Mr. Soni!
How can you get my exact words elsewhere?
