SCHOOLS OF HINDU LAW (Part 2)

´Both school Mitakshara and Dayabhaga deals with the rules of inheritance connected with the joint family system.

´Joint family is a fundamental aspect of Hindu Law in which the concept of joint family is where their common ancestor and his male lineal descendants along with other members such as wives, daughters, unmarried persons who stay together under one roof sharing everything in common. In both the school i.e. Mitakshara and Dayabhaga. The concept of joint family property is the area that makes each of them different from one others. For every Hindu there will be no escape from the Joint Family, maybe in one generation or other, the Hindu will come into the existence of Joint Family automatically. Therefore it is mentioned under the Hindu Laws that there is a presumption that each family will be considered as a Joint Family

´However, this branch of Law is now codified by the Hindu Succession Act 1956 which dissolved the difference between these two schools.

Mitakshara School

´The Mitakshara School existed throughout India except in the State of Bengal and Assam

´Mitakshara school is based on the code of Yajnavalkya commented by Vijnyaneshwara, a great thinker and a lawmaker from Gulbarga, Karnataka.

´The Inheritance is based on the principle of propinquity i.e. the nearest in blood relationship will get the property.

´Mitakshara School is an orthodox School.

´The date of composition of the mitakshara is between 1100-1200 AD.

´As a rule, females have no right of succession to the family property.

´The right of the property passes by survivorship to the other male members of the family. ( His interest is a fluctuating one which is liable to be enlarged by the deaths in the family and diminished by births in the family)

Sub Schools of Mitakshara School:

´1) Banaras law school

´It prevails in northern and north-western India except in Punjab.

´2) Mithila law school

´It has most of its followers in Bihar.

´3) Maharashtra or Bombay  school

´It prevails in Western India

´4) Dravida or madras law school

´It prevails in Southern India.

Dayabhaga School

´Dayabhaga School has been written by Jimutvahana.

´It prevails in Bengal and Assam only.

´It is a reformist school of Hindu Law.

´Right in the joint family property are acquired by inheritance or by will.

´Females have right in property.

´It is considered to be a digest for the leading Smritis.

´Its primary focus was to deal with partition, inheritance, and joint family. It was incorporated in between 1090-1130 A.D.

´Dayabhaga school was formulated with a view to eradicating all the other absurd and artificial principles of inheritance.

´The immediate benefit of this new digest is that it tends to remove all the shortcomings and limitations of the previously established principles and inclusion of many cognates in the list of heirs,  which was restricted by the Mitakshara school. ( cognate means a person related not wholly through males .where a person is related to the deceased through one or more females, he or she is called a cognate. Thus sister’s son or daughter, mother’s brother’s son, etc. are cognate whereas one’s  father’s brother or father brother’s son or father’s son’s son or father’s son’s daughter are agnates.)

´It has no sub-school.

´The right to Hindu joint family property is not by birth but only on the death of the father.

´The system of devolution of property is by inheritance.  The legal heirs (sons) have definite shares after the death of the father.

 

 

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