Schools of Hindu Law
Schools of Hindu law came into being when different commentaries appeared to interpret
‘Smritis’ with reference to different local customs in vogue in different part of India.
Different local customs prevailed in different provinces of India. The commentators of
the ‘Smritis’ could not ignore the local customs and usages and while interpreting the
texts, they eventually incorporated different local customs. The local condition and the
customs of the different provinces have, therefore, gone to mould the principles of law
prevailing in each province.
There are two schools of Hindu Law namely, Mitakshara school and the Dayabhaga
school.
Mitakshara School: Mitakshara prevails in all parts of India except the Bengal. It is the
running commentary on the Code of Yajnavalkya and is written by Vijnaneshwara in the
latter part of the eleventh century. The Mitakshara school is again divided into five sub-
schools, namely:-
1. The Benaras School.
2. The Mithila School.
3. The Dravida or Madras School.
4. The Bombay or Maharashtra School.
5. The Punjab School.
Dayabhaga School: Dayabhaga prevails in Bengal. It is not a commentary on any one
Code but purports to be a digest of all the Codes. It was written by Jimutavahana. It was
written in thirteenth century.
Effect of Migration:
On migration the family continues to be governed by the law of locality of origin. The
presumption is that if a family migrates from one place to another, it carries with it the
customs regulating succession and family relations prevailing in the place from where it
came.
Differences between the Dayabhaga and Mitakshara Schools:
Mitakshara Dayabhaga
1. As regards joint The right to property arises by Right to property arises by
property birth of the claimant; hence death of the last owner.
the son is a co-owner with the Hence son has no right to
father in ancestral property. ancestral property during
father’s lifetime.
Father has a restricted power Father has absolute power of
of alienation and son can alienation and son cannot
claim partition even against claim partition or even
the father. maintenance.
The interest of the joint The interest of every person
family would, on his death would, on his death pass by
pass to the other members by inheritance to his heirs like
survivorship. widow or daughter.
2. As regards alienation Members of joint family Any member of joint family
cannot dispose of their shares may sell or give away his
while undivided. share even when undivided.
3. As regards inheritance The principle of inheritance is The principle of inheritance
consanguinity is spiritual efficacy
(i.e., blood-relationship) (i.e., offering of pindas).
But cognates are postponed to Some cognates, like sister’s
agnates sons are preferred to many
agnates
4. As regards doctrine of It is recognised to a very Doctrine of factum valet is
factum valet limited extent. fully recognised.
(a fact cannot be altered
by hundred texts.)
