Mitakshara school of hindu law pdf

So the sources of dharma are the sources of hindu law. Within its fold no outsider, except by adoption, can be admitted by agreement or otherwise. Dec 16, 2019 the criterion followed in the mitakshara system, before the commencement of the hindu succession amendment act, 2005 to determine the mode of devolution of the property was to check two things. Some of the important types of joint family system in india are as follows.

They also proved to be the basis for the passing of various acts regarding hindu law after independence such as hindu succession act, 1956. In this paper, the author has tried to explain the rules of partition under the dayabhaga and mitakshara schools of hindu law. What is the difference between the mitakshara and dayabhaga. The dayabhaga is a digest on the law of inheritance written by jimutavahana.

The mitakshara school owes its nomenclature to vijnanesvaras commentary of that name on the yajnavalkya smritis. Distinguish between dayabhaga and mitakshara school. Jun 03, 2017 a joint hindu family is not a corporation. Formation and incident under the coparcenary property under dayabhaga and mitakshara c. It has no legal entity distinct and separate from that of the members who constitute it. Mitakshara is written on later part of 11th century comprehensive commentary dealing with all titles of hindu law. Dayabhaga is jhf is governed by rules contained in dayabhaga. The concept of partition under hindu law is a wider topic as compared to other laws.

Scribd is the worlds largest social reading and publishing site. Ancestral property, under the mitakshara law, thus devolves on the death of a coparcener by survivorship. Although the joint family system seems to be general in india, it is a peculiar characteristic of the hindu social system. Mar 22, 2019 therefore, the unique concept of coparcenary is the product of ancient hindu jurisprudence which later on became the essential feature of hindu law in general and mitakshara school of hindu law in particular. Thus the children do not acquire any right, share in the family property as lo. Its origin can be traced to the ancient partriarchal system where the patriarch or the head of the family was the unquestioned. The dayabhaga and the mitakshara are the two schools of lawthat govern the law of succession of the hindu undivided family under indian law.

These schools have widened the scope of hindu law and explicitly contributed to its development. It was said that persons becoming hindu by conversion are also hindu and the hindu law applies over them too. Sources and schools of hindu lawand muslim law free download as powerpoint presentation. In the mitakshara school, the allocation of parental property is based on the rule of possession by birth. The father and the son were domiciled in india and had trading and other interests in india. Aug 06, 2014 mitakshara law of propinquity nearness of bloodrelationship secular principle exclusion of females from inheritance first principle terminated by 2005 amendment of hindu succession. Mitakshara hindu law inheritance concurrent estate scribd.

Dayabhaga school got its name from a leading smritis by name dayabhaga, written by. The mitakshara school had a widespread existence and was popular in almost whole india except bengal and its surrounding areas where dayabhaga prevailed. The dayabhaga school of law is based on the commentaries of jimutvahana author of dayabhaga which is the digest of all codes and the mitakshara is based on the commentaries written by vijnaneswar on the code of yajnavalkya. Arunachalam chettiar case a father and his son constituted a joint family governed by mitakshara school of hindu law. It was written by vijnanesvara, a scholar in the western chalukya court in the late eleventh and early twelfth century. The term dayabhaga is derived from a similarly named text written by jimutavahana. The dayabhaga and mitakshara are the two major schools of hindu law.

Short note on hindu joint family under mitakshara and dayabhaga. The mitakshara written by vijnaneshwar in the latter part of the eleventh century is a very comprehensive commentary which deals with all titles of hindu law. In the codified areas of hindu law, there is no scope for existence of schools. It is an integral part and the most characteristic way of hindu life. Schools of hindu law are considered to are the commentaries and the digestives of the smritis. These were in existence even prior to the codification of hindu law with the hindu succession act, 1956. Although the authority of mitakshara was accepted throughout india, yet the exact practice of law differed in different parts. Mitakshara law is applicable in all parts of india except the states of assam and bengal. Under hindu law there are two types of schools of succession. Oct 02, 2019 under hindu law there are two types of schools of succession. Mitakshara school has been categorized in five school. It is a running commentary of the smriti written by yajnvalkya. We have now the codified hindu law in the form of acts and also the uncodified hindu law, and also the decisions of our supreme court and various high courts.

The term, mitakshara is derived from the name of a commentary written by vijnaneswara, on the yajnavalkya smriti. It is a running commentary on the smriti of yajnavalkya. In all other parts of india the mitakshara school of law is observed. Dayabhaga school got its name from a leading smritis named dayabhaga written by jimutavahana. The dayabhaga is, in fact, only a chapter of a larger work of that author, but this chapter alone is now extant. But please, when you are capable, come back on this website or use links in the pdf and pay me any small amount that you can. Hindu law is based on tradition and analytical in nature. Mitakshara is one of the most important schools of. The commentary in one part of the country varied from the commentary in the other parts of the country.

Mitakshara joint hindu family also known as hindu undivided family is a peculiar institution recognized and followed by hindu society from ancient period. These two schools of hindu law are marked by a vital difference of opinion and interpretations of the smritis. The dayabhaga school of law is observed in bengal and assam. Mayank shekhar mayank is a student at faculty of law, delhi university. It has been a fundamental aspect of the life of hindus. Mitakshara is one of the most important schools of hindu law. Explain the various schools of hindu law and examine how. The researcher, through this paper aims at throwing some light upon certain issues associated with the hindu joint family setup. Hindu law has been established by the people, not for the purpose of removing any crime or transgression from society but it was established so that the people will follow it in order to attain salvation. They have emerged in the era of digests and commentaries. Another case morarji vs administrator general1929 madras. Therefore it is mentioned under the hindu laws that there is a presumption that each. Under the mitakshara school, partition means severance of status or interest and actual division of property in accordance with the shares by metes and bounds. Really speaking there arc only two piincipal schools, riz the dayavhaga and the mitakshara.

These were in existence even prior to the codification of hindu law with the hindu. The apex court summarized the law regarding the joint family property governed by mitakshara school as follows. The dayabhaga was the strongest authority in modern british indian courts in the bengal region of india, although this has changed due to the passage of the hindu succession act of 1956 and subsequent revisions to the act. This school is applicable in the whole part of india except in west bengal and assam. The focal points of the research are drawn into the following heads. Former fbi negotiator chris voss at the australia real estate conference duration. Distinction between the mitakshara and dayabhaga schools of law qua the hindu joint family setup. The dayabhaga school or bengal school in bengal and assam the dayabagha school was established and in the entire of.

The dayabhaga is a hindu law treatise written by jimutavahana which primarily focuses on inheritance procedure. Co parcenary rights of daughters in hindu coparcenary in. Position of women in regards to property rights prior to enactment of hindu succession act, 1956. The mitakshara which means measured words is regarded as authority even in bengal in regard to all matters on which there is no contradictory opinion expressed in the dayabhaga. Whether the male hindu had an undivided interest in the coparcenary property and. It remarked smritis and didnt agree on all the concept of smritis. Difference between dayabhaga and mitakshara in hindu law. Along with the dayabhaga, it was considered one of the main authorities on hindu law from the time the british began administering laws in india. Under hindu law, the law of property has a close relationship with the composition of family. Download the pdf from the orange download button below. As a matter of fact we find joint family system in some nonhindu communities. The undivided son died and father became the sole surviving coparcener in a hindu undivided family to which a number of female members belonged.

The essence of coparcenary is unity of ownership with the necessary appendage of unity of possession. Class notes on family lawhindu law 1 adv gr rajesh kumar. Mitakshara and dayabhaga, which laid down different principles of succession. Explain the various schools of hindu law and examine how did. According to the mitakshara law, it is the adjustment of the diverse interests regarding the whole, by distributing them into particular portions of the aggregate. The mitakshara law applies tothe whole of india except bengal and assam. It may be the authority which issues rules of conduct which are recognized by courts as binding. The mitakshara school itself was divided into four sub schools. The basic difference between the two schools is that in dayabha. Hindu law is considered to be the most ancient and prolific law in the world. Under this law as it existed until the amendments made by the hindu succession amendment act, 2005, the son acquires by birth an interest in the ancestral property.

Mitakshara law of propinquity nearness of bloodrelationship secular principle exclusion of females from inheritance first principle terminated by. A critique hindu law has the oldest pedigree of any known system of jurisprudence, and even now it shows no sign of decrepitude. Classroom live lectures edited, enlarged and updated. The dayabhaga and the mitakshara are the two schools of law that govern the law of succession of the hindu undivided family under indian law. Mar 05, 20 mitakshara there is no definite share for an alienee, but he may file a suit for the partition. Mitakshara there is no definite share for an alienee, but he may file a suit for the partition. The codified hindu law lays down uniform law for all hindus. Intestate succession and inheritance under hindu law legodesk. Law property inherited by a male hindu is divided into two classes.

But in a secular point of view it is a manmade institution of control. Moreover, a man can leave his property in his will. The ancient schools of hindu laws are of two types. Hindu joint family under mitakshara law the hindu joint family is a normal condition of the hindu society. Therefore, the unique concept of coparcenary is the product of ancient hindu jurisprudence which later on became the essential feature of hindu law in general and mitakshara school of hindu law in particular. Inheritance under traditional hindu law law teacher. The traditional hindu law of succession was different in two main schools of hindu law, namely the mitakshara and dayabhaga schools. Debts doctrine of pious obligation and antecedent debts unitii partition a. B family law hindu law unit i revision study notes for ll. Dayabhaga the law does not confer on son a right of birth hence he has no right for partition against the father.

General nature of hindu undivided family under mitakshara school a hindu undivided family huf is a group of persons united by the tie of. Intestate succession and inheritance under hindu law. Those persons who are not mussalman, chistain, parsi or jew. The dayabhaga school is confined to bengal and it takes its name after the work entitled the dayabhaga written by jimutavahana. These two schools had their regional modifications as well. Founder of mitakshara school vijaneshwar said, sources are the means of knowing law. The ancient schools of hindu laws are believed to be of two types and were in existence before the hindu law was codified with the hindu succession act of 1956. Sources and schools of hindu lawand muslim law vedas.

According to mitakshara school the word pinda does not mean. As a result hindu law is basically classified into two branches i. It means the division should be done like division of status, severance of interest or status, as this means the share can fluctuate in ancestral property through the birth and the death of the coparcener. Under his leadership, legal bites has been researching and developing resources through blogging, educational resources, competitions, and seminars. B introduction of the hindu law concept of dharma hindu law is a body of principles or rules called dharma according to hindu texts embraces everything in life. Mar 03, 2016 the apex court summarized the law regarding the joint family property governed by mitakshara school as follows. Mitakshara hindu law inheritance concurrent estate. Due to the emergence of various commentaries on smiriti and sruti, different schools of thoughts arose. The mitakshara school exists throughout india except in the state of bengal and assam. Modern hindu law includes both hindu by birth and hindu by religion under the term hindu. The mitakshara school itself was divided into four sub schools, viz. For a thorough knowledge on hindu law one must sit with these great masters. According to this school, a son, grandson and a great grandson constitute a class of coparceners, based on birth in the family.

It is a unit and in all affairs it is represented by its karta or head. No female is a member of the coparcenary in mitakshara law. Family law 2 hindu joint family system mitakshara joint family the mitakshara joint family is a unique contribution of hindu jurisprudence which has no parallel in any ancient or modern system of law. Under bombay school, the son has no right partition without the assent of his father, if the father is join with. Main types of joint family system in india 1598 words.

Dayabhaga is popular prevalent in west bengal and assam no body aquires the right, share in the property by birth as long as the head of the family is living. The dayabhaga school or bengal school in bengal and assam the dayabagha school was established and in. In this paper, the researcher will be discussing in detail about the position of women regarding inheritance under traditional hindu law and the changes affected by britishers with their laws. Mitakshara school dayabhaga school mitakshara school of succession is followed in whole of india except bengal and assam. The two major schools of hindu law are as follows mitakshara daya bhaga. The mitakshara school of law is subdivided into the benares, the mithila. Supreme court summarizes law on mitakshara joint family. Mitakshara jhf consists of a male, his wife, his unmarried daughters and his male descendants upto any generationi. It was held that the effect of mitakshara school is so strong that it also applies to even undescribed subjects in bengal and assam. Dayabhaga school vijnaneswaras commentary on yajnavalkya smriti is called mitakshara, which means measured in words. The rules of partition under the hindu law may vary from schools to schools. Mitakshara prevails in all over india except the state of bengal and assam. The criterion followed in the mitakshara system, before the commencement of the hindu succession amendment act, 2005 to determine the mode of devolution of the property was to check two things.

What are the differences between mitakshara and dayabhaga. It does not mean the mere division of property into specified shares in between the coparceners. Under the mitakshara law, on birth, the son acquires a right and interest in the family property. It was held in this case that the hindu law applies not only to those who are hindu by birth but also applies to those persons who have become hindu by conversion. The mitakshara school is usually subdivided into four schools, namely, the benaras school, the mithila school, the maharashtra and the dravida school.