Schools of Hindu Law
Largely speaking, there are two main schools of Hindu law, namely: –
1. Mitakshara School
2. Dayabhaga School
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. The Dayabhaga School of law is observed in
Bengal and Assam. In all other parts of India the Mitakshara School of law is observed. The
Mitakshara School of law is subdivided into the Benares, the Mithila, the Maharashtra and the
Dravida schools.
The Mitakshara system is Conservative. It provides good security in times of difficulties as a
member can rely on the joint family. The Dayabhaga system is more liberal. Among the two the
Dayabhaga is more likely to last in modern times with the growth of individualism, individual
enterprise and economic compulsions.
1. Mitakshara School
Its is the most important school of Hindu law. Its name has been derived from commentary of the
Smriti written by Yajnvalkya. The jurisdiction of Mitakshara is supreme throughout India except
in Bengal and Assam. Mitakshara is an orthodox type of school.
The Mitakshara is divided into five schools, established in different parts of India. They are as
follows.
Dravida School –
Dravida School prevails in southern part of India which includes states of Tamilnadu, Kerala,
Karnataka and Andhra Pradesh. The main authorities of these schools are Smriti Chandrika,
Saraswati Vilasa and Vyavahara Nirnaya.
Bombay School –
It includes western part of India and States of Gujarat and Bombay. The main authorities of these
schools are Vyavahar Mayukha, the Viramitrodaya and the “Nirnaya Sindhu.
Banaras School-
Banaras school covers whole of Northern India excluding rural Punjab. The main authorities of
these school are Viramitrodaya and “Nirnaya Sindhu.
Mithila School-
It revolves in the areas of Tirhoot and some parts of North Bihar. The main authorities of these
school are Vivadaratnakar, Vivadachintamani, Smritsara.
Punjab School.
2. Dayabhaga School
This schools mostly covers area of Bengal and Assam. It is called to be progressive school of
Hindu Law. It has been written by Jimutavahana. Dayabhaga School is a digest of all the codes.
The Dayabhaga is not branched into any sub-schools.
Distinguish between ‘Mitakshara’ and ‘Dayabhaga’ Schools of Hindu Law
Mitakshara and Dayabhaga differ in certain points. Important Differences are as follows.
On the basis of Succession.
Under the Mitakshara, inheritance is governed by the rule of consanguinity i.e., blood
relationship, whereas under the Dayabhaga inheritance is governed by the rule of spiritual
efficacy.
Under the Mitakshara, cognates are postponed to agnates but under the Dayabhaga some
cognates like sister’s sons are preferred to several agnates.
This Means that if the Hindu dies leaving his son and a daughter, the daughter will be excluded
from the inheritance, and son will get all the property. Likewise, if the Hindu dies leaving his
son’s son and daughter’s son, the son’s son will get the succession.
Under the modern Hindu Law, the difference between two main schools is no longer reliable.
Under the Hindu Succession Act, 1956, there is one uniform law of succession for all Hindus.
On the basis of Joint Family.
Under the Mitakshara, the right to property for the son arises by birth; hence the son is a co-
owner with the father in ancestral property. This means the moment a son is born in the family
he receives right in joint family property. Although under the Dayabhaga the right to property
appear after the death of the last owner. Therefore, the son has no right to ancestral property
during father’s life time. Under the Mitakshara the father has the limited power of separation for
ancestral property, while the father has absolute power of separation for ancestral property under
the Dayabhaga School.
Under the Mitakshara, the son can demand partition of the joint family property even against the
father, whereas under the Dayabhaga, the son cannot demand partition against the father.
The concept of joint family property under the Mitakshara school implies the belief for
community of ownership and unity of possession. This expression means before partition no
individual co-parcener can say that he owns such a share within the joint family property. The
interest of co-parceners is much variable, it lowers on birth and increases on death in family. But
there’s no concept of birth right under the ‘Dayabhaga school, interest of co-parceners remain
constant, not effected by death or birth within the family. Under both the school unity of
possession is same.
Notes:
MITAKSHARA SCHOOL: The basis of inheritance is principle of propinquity i.e nearness in
blood relationship or consanguinity of blood. This is purely secular principle and means that sons
&daughters should inherit equally as they are equally nearer to deceased parent. However
agnates are preferred over cognates.
DAYABHAG SCHOOL: The law of succession is based on religious efficacy or spiritual
benefits (offering of obligation or pindadan ) and therefore a person who confer more religious
benefit on deceased are preferred. It rejects preference of agnates over cognates
DIFFERENCE BETWEEN DAYABHAG AND MITAKSHARA SCHOOL
MITAKSHARA SCHOOL DAYABHAG SCHOOL
1. Right to joint family ownership is acquired by a 1. A son’s right to joint ownership of the family
male child at his birth. property begins on the death of the father and not by
birth.
2. Coparcenary consists only of males. Females do 2. Coparcenary is not restricted to males but also
not belong. Females have no right to joint ownership extends to the female members of the family. Females
or succession to the family property. have a right of succession to family property.
3. A son has the right to ask for the partitioning 3. Since a son’s right to inheritance begins upon his
property, which is his inheritance. father’s death, a son is not entitled to ask his father to
account for the property or partition the property.
4. The male members of the family jointly hold 4. The shares in the property are well defined.
ownership in the property and their shares are not
defined.
THESE NOTES ARE ONLY FOR REFERENCE. IT IS SUGGESTED TO GO
THROUGH THE CLASS NOTES AND BOOKS ALSO.
