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Ancient Sources

The document discusses the two main schools of Hindu law, Mitakshara and Dayabhaga, applicable across India with specific exceptions for West Bengal and Assam. It highlights the rights of sons and daughters regarding inheritance, particularly after the Hindu Succession Amendment Act of 2005, which grants daughters coparcenary rights by birth. The document also notes the differences in practice across various regions and the authority of fathers over property within these legal frameworks.

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Mehar Kaur Gill
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18 views1 page

Ancient Sources

The document discusses the two main schools of Hindu law, Mitakshara and Dayabhaga, applicable across India with specific exceptions for West Bengal and Assam. It highlights the rights of sons and daughters regarding inheritance, particularly after the Hindu Succession Amendment Act of 2005, which grants daughters coparcenary rights by birth. The document also notes the differences in practice across various regions and the authority of fathers over property within these legal frameworks.

Uploaded by

Mehar Kaur Gill
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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‎very imp school of hindu law

‎ pplicable in whole of India except West


a
‎Bengal and Assam

i‎n some case scenarios where dayabhaga


‎and mitakshara schools are not in conflict,
‎then it is applicable in there in W.B. and assam

‎running commentary is Smriti by Yajnavalkya

‎ wide jurisdiction but practiced differently in


v
‎Mitakshara ‎different parts because of different customs

‎ g: Benaras , Mithila , Maharashtra , Punjab ,


e
‎Dravida or madras law schools

s‎ on has the right over father's property by


‎birth but after Hindu Succession Amendment
‎Act,2005 girl child also has the right of
‎coparcenery by birth
‎sailent features are:
‎son can claim right at anytime
‎Schools of Hindu Law
‎people related by consanguinity (blood)

‎ redominantly prevails in West Bengal and


P
‎Assam

‎ eals with partition, inheritance and joint


d
‎family

‎Dayabhaga ‎author: jimutvahana

s‎ on has no right and interest in father's


‎property

f‎ ather has the power of alienation(transfer)


‎sailent features are: ‎over his ancestral as well as self acquired
‎property

‎ embers of joint family can ask for


m
‎alienation of property without partition

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