Two Principal Schools of Hindu Law
📚 Topic Overview
Mitakshara School
Written by Vijneshwar and followed in the rest of India.
Dayabhagha School
Written by Jimutavahana and followed in Bengal.
Introduction to the Schools
Different schools of Hindu law arise as a result of various commentaries on the smriti. Smriti has been subject matter for commentary by eminent scholar in different part of country. Primary source of Hindu Law is common for different schools, Different Commentaries put their own gloss on the ancient text and his authority have been received in and reject in another part of India.
There are 2 main Schools: Mitakshara and Dayabhgah School
Dayabhagha was followed in Bengal and Mitakshara was followed in rest of India.
Dayabhagha was Written by Jimutavahana, Mitakshara was written by Vijneshwar
Dayabhagh was followed in Bengal but in situation were it was silent there mitaksahara was in followed Bengal
Difference between mitakshara and dayabhaga:-
| MITAKSHARA | DAYABHAGA |
|---|---|
| Sons have right by birth over ancestorial Property | i) Daughter and sons both have right but arises only after father’s death |
| Coparcenary include men of 4 generation | ii) Coparcenary include only one generation |
| Daughter has no rights over ancestral property | iii) Daughter has right over ancestral property |
| Father without the consent of son or other Coparcenary cannot transfer the ancestral Property to any one father doesn’t have absolute Right over ancestral property | iv) Father has absolute right can make any type of transfer in ancestorial property |
| Running Commentaries on Yajnavalkya Smriti | v) Digest on all codes |
| Orthodox School | vi) Reformative School |
| Followed all over India Except Assam and Bengal | vii) Followed all over in Bengal and Assam |
| viii)Unit of Ownership is main essence | viii) Unit of Possession is main essence |
| ix)Son can demand for Accounts | ix) Son can’t demand for account |
| x) Member of Coparcenary has indefinite share depending on birth and death of persons. If one person dies in coparcenary his share will be equally divided among everyone in Coparcenary | x) Member of Coparcenary has definite share if one person dies his shares will divided equally among his children only |
| xi) widow has no right over ancestral property | xi) widow has right over share of husband shares in ancestral property |
| xii) Any member of Coparcenary cannot sell property without consent of other member | xii) Any Member coparcenary can sell his Shares of ancestorial property without consent |
| xiii) Relevant till 2005 | xiii) relevant even today |
| xiv) Father don’t have absolute right over ancestorial property. Father can make will only for self acquired property not for ancestorial property | xiv) father has absolute right over ancestorial property and can make will for it |