Inheritance and Survivorship:-

 

Inheritance and Survivorship:-

                                   

            Prior to 1956, Hindu property inheritance in India was governed by two distinct legal schools. The Dayabhaga system prevailed exclusively in Bengal, while the Mitakshara system applied elsewhere. These two traditional schools differed fundamentally based on their core guiding principles. Dayabhaga relied strictly on the doctrine of religious efficacy to determine property rights. Conversely, the Mitakshara school lacked a single, definitive guiding principle for inheritance. Mitakshara instead fluctuated between blood relationship and religious efficacy to settle claims. Furthermore, the Mitakshara school recognised two distinct modes of property devolution. It applied the rules of survivorship exclusively to joint family property. Alternatively, it used succession rules for property held individually by the owner. Today, the Hindu Succession Act has largely unified these historical regional differences.

             ‘Mulla’ in his book Hindu Law (22nd Edition), while discussing the law prior to the Hindu Succession Act, 1956 says that there are two systems of inheritance amongst the Hindus in India, namely, Mitakshara system and Dayabhaga system. The Dayabhaga system prevails in Bengal, while the Mitakshara system is applicable to other parts of India. The difference between the two systems arises from the fact that, while the doctrine of religious efficacy is the guiding principle under Dayabhaga School, there is no such definite guiding principle under the Mitakshara School. Sometimes consanguinity, and at the other times, religious efficacy has been regarded as the guiding principle. According to ‘Mulla’, Mitakshara recognises two modes of devolution of property, namely, survivorship and succession. The rules of survivorship apply to joint family property, and the rules of succession apply to property held in absolute severalty by the last owner.

            The right of a widow or daughter to inherit a Hindu male's property is legally well-recognized. This rule applies explicitly when a Hindu male dies intestate without leaving a valid will. The property must be either self-acquired or obtained through a family coparcenary partition. Such individual property devolves strictly through the rules of inheritance rather than survivorship. Consequently, the assets pass directly down the deceased man's personal family line. A daughter is legally entitled to inherit this property in preference to distant collaterals. Therefore, distant relatives like brothers or nephews cannot claim these specific personal assets. The widow and each surviving child are classified together as Class I heirs. Accordingly, the property is split into equal shares among these immediate family members. This judicial rule firmly secures the financial and property rights of female relatives.

            The distribution of a deceased female Hindu's property depends heavily on her surviving family. If she dies childless, the law tracks the original source of her property. Any assets she inherited from her parents will revert to her father's heirs. Conversely, property inherited from her husband or father-in-law goes to her husband's heirs. This specific legal mechanism prevents inherited property from permanently leaving its original bloodline. However, a different rule applies if she leaves behind a husband or children. In this scenario, Section 15(1)(a) of the Hindu Succession Act takes full effect. Her entire estate will devolve simultaneously upon her surviving husband and her children. This inclusive pool strictly includes any property that she originally inherited from her parents. Consequently, the presence of children overrides the source-based tracking rules of ancestral property. 

                        Vertical & Horizontal Reservation:-

            Social reservations for SC, ST, and OBC groups are legally classified as vertical reservations. Special reservations for women or physically handicapped individuals are designated as horizontal reservations instead. Candidates from vertically reserved categories can actively compete for open, non-reserved posts. If these individuals qualify on their own merit, they secure open category seats. These meritorious candidates are not counted against the quota allocated for their class. Consequently, the entire reserved quota remains completely intact for other eligible applicants. This rule stands true even if open-merit selections exceed the total reserved percentage. Therefore, open competition vacancies are strictly available in addition to the reservation quota. This dual-track mechanism ensures that reservation percentages act as a floor, not a ceiling. Ultimately, this system maximizes representation for marginalized groups across all employment sectors.