Question

Under the Mitakshara school, the joint family property devolves by?

• A. Succession
• B. Survivorship
• C. Both (A) and (B)
• D. Either (A) or (B)

Hint:

Mnemonic: M-S (Mitakshara - Survivorship) vs D-S (Dayabhaga - Succession). Mitakshara is all about the "Survival" of the joint interest.

Answer 1

The Correct Option is B

Concept: Hindu Law is governed by two main schools: Mitakshara and Dayabhaga. The Mitakshara school prevails in most parts of India except West Bengal and Assam.

• Coparcenary: A narrower body of persons within a joint family who acquire an interest in the joint property by birth.

• Survivorship: A process where the interest of a deceased member passes to the remaining members.

Step 1: Defining the Mitakshara Rule of Property.
In Mitakshara law, a son acquires an interest in ancestral property the moment he is

born. This interest is fluctuating; it increases with deaths and decreases with births in the family. Unlike "Succession" (where property passes to heirs after death), "Survivorship" means the property remains within the existing pool of coparceners.

Step 2: Determining the method of devolution.
Historically, Mitakshara joint family property devolves by

Survivorship. The Dayabhaga school, conversely, follows the rule of

Succession. (Note: While the 2005 Amendment to the Hindu Succession Act has introduced changes allowing daughters to inherit, the fundamental conceptual answer for the Mitakshara school in legal theory exams remains Survivorship).