The concept of Joint Hindu Family Property under the Mitakshara School of

Hindu Law revolves around the idea of a family that holds property
collectively, and its members are part of a coparcenary. This is an ancient
system of property holding and inheritance, where family members inherit
property as a group rather than individually.
Key Concepts of Joint Hindu Family Property under Mitakshara
Coparcenary
1. Coparcenary:
o A coparcenary is a narrower body within a Joint Hindu Family,
consisting of only male members (before 2005) who are lineal
descendants of a common male ancestor up to four generations.
o These coparceners have an equal interest in the ancestral property
by birth.
2. Ancestral Property:
o The property that is inherited by a Hindu from their father,
grandfather, or great-grandfather is termed ancestral property.
o Every coparcener has a right to this property by virtue of birth.
o The property remains undivided unless there is a partition.
3. Right by Birth:
o In the Mitakshara system, a coparcener’s right in the property
arises by birth, not by inheritance. Every male member (and since
2005, females too) has a right to the property the moment they are
born into the family.
4. Partition:
o A coparcenary property can be partitioned upon the demand of any
coparcener, which results in the division of the property into
individual shares.
o Until such a partition occurs, all the coparceners enjoy joint
ownership of the property.
5. Karta:
o The Karta is the head of the Joint Hindu Family and manages the
property and affairs of the family. He is usually the eldest male
 member of the family, although female members can also be
appointed as Karta after 2005.
6. Female Coparceners (Post-2005 Amendment):
o Prior to the Hindu Succession (Amendment) Act, 2005, only
male members could be coparceners under the Mitakshara school.
o After the amendment, daughters also became coparceners and
acquired the same rights as sons. They have the right to demand
partition and have a share in the ancestral property by birth.
7. Separate Property:
o Apart from coparcenary property, a member can have separate
property, which is property acquired individually, not by
inheritance through the family. This separate property is not subject
to the rules of the joint family and can be disposed of at the owner's
discretion.
8. Survivorship Rule:
o Before 2005, on the death of a coparcener, his interest would
automatically pass to the surviving coparceners under the rule of
survivorship.
o Post-2005, coparcenary interest is treated as part of the individual's
estate and can be inherited by their legal heirs.
Coparcenary Property vs. Self-Acquired Property:
 Coparcenary property is inherited jointly by all coparceners, whereas
self-acquired property belongs solely to the individual who acquired it
and can be passed on as per their will.
This structure emphasizes the collective nature of ownership and inheritance
within a joint family, with significant changes brought in post-2005, giving
equal rights to daughters and changing the rule of survivorship to inheritance by
legal heirs.

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The concept of Joint Hindu Family Property and coparcenary with
survivorship under the Mitakshara School of Hindu Law was one of the
fundamental features of traditional Hindu family law before the Hindu
Succession Act of 1956.
1. Joint Hindu Family Property
A Joint Hindu Family consists of all persons lineally descended from a
common ancestor, including their wives and unmarried daughters. The property
of such a family is known as joint family property or ancestral property. This
property is governed by certain principles that are deeply rooted in the
Mitakshara legal system.
Types of Property:
 Ancestral Property: This is property inherited by a male member from
his father, grandfather, or great-grandfather. Such property is passed
down from generation to generation and forms the basis of the joint
family property.
 Self-acquired Property: Property acquired by an individual on his own,
without inheriting from his ancestors, is regarded as self-acquired
property and does not automatically form part of the joint family property
unless the individual voluntarily includes it.
2. Coparcenary under Mitakshara School
A coparcenary under the Mitakshara School is a narrower body within the
joint family, consisting only of male members who are direct descendants of a
common ancestor up to four generations. These coparceners have an interest by
birth in the ancestral property.
Characteristics of Coparcenary:
 Membership by Birth: Only male members of the family automatically
become coparceners by virtue of their birth in the family.
 Limited to Four Generations: The coparcenary consists of the common
ancestor and his male descendants up to four generations (i.e., son,
grandson, great-grandson).
 Female Exclusion: Before the Hindu Succession Act, 1956, women
could not be coparceners, although they were part of the joint family.
  Joint Ownership: Coparceners collectively own the property. Each
coparcener has an undivided share, which fluctuates with births and
deaths in the family.
3. Right of Survivorship
Under the Mitakshara law, the right of survivorship was a key principle that
governed how coparcenary property was passed down. When a coparcener died,
his share did not devolve according to his personal will or the general laws of
succession. Instead, it passed by survivorship to the remaining coparceners.
 Survivorship: When a coparcener died, his interest in the property would
automatically pass to the remaining coparceners, not to his heirs, unless
there was a partition or the deceased had left behind female relatives
(mother, widow, or daughter), in which case certain rights could arise.
Key Features of Survivorship:
 The property remained joint as long as the coparcenary existed.
 The share of a coparcener was always fluctuating and dependent on the
composition of the family.
 The death of a coparcener increased the share of the remaining
coparceners, as the deceased’s share would merge with the rest of the
property.
4. Partition of Property
A coparcener had the right to demand a partition of the property, which would
break the joint family property into defined shares. On partition:
 Each coparcener received a specific share of the property.
 The right of survivorship would no longer apply to the separated share of
a coparcener.
5. Position Before 1956
 Males Only: Only males could be coparceners, and they had the right to
demand partition and ownership in ancestral property from birth.
 Exclusion of Females: Women, although members of the joint family,
did not have a right to coparcenary property. They were entitled only to
maintenance and marriage expenses.
After the Hindu Succession Act, 1956, significant changes were made, and
the concept of survivorship was partially abolished, giving way to a more
equitable system of inheritance for both male and female heirs. This
marked a shift from the traditional Mitakshara system to a more modern
framework of inheritance.
Would you like to explore how the Hindu Succession Act of 1956 changed these
concepts?
Schools of Hindu Law
Hindu law, deeply rooted in ancient Indian civilization, has evolved over
centuries and encompasses various schools of thought that interpret and apply
its principles. These schools have emerged due to regional, philosophical, and
cultural diversities, resulting in distinct interpretations of Hindu legal texts. The
primary schools of Hindu law include the Mitakshara and the Dayabhaga, along
with some sub-schools that have developed based on regional differences and
specific textual interpretations. Below is an in-depth examination of these
schools, their origins, and their principles.
1. Mitakshara School
The Mitakshara School is one of the oldest and most influential schools of
Hindu law. It derives its name from a commentary called "Mitakshara," written
by Vijnaneshwara, a 12th-century jurist, on the "Yajnavalkya Smriti." This
school is the most widespread and covers almost all parts of India except for the
Bengal region.
Key Features of Mitakshara School:
 Interpretation of Texts: The Mitakshara school interprets Hindu legal
texts in a conservative manner, adhering strictly to traditional Hindu
customs and practices.
 Concept of Joint Family: The school emphasizes the concept of the
Hindu joint family or coparcenary system, where the male members of a
family jointly own property, with ancestral property being passed down
from generation to generation. In this system, the father, sons, grandsons,
and great-grandsons have a common interest in the family property.
 Right by Birth: A key feature of the Mitakshara school is the concept of
"right by birth." According to this, a son acquires an interest in the joint
family property immediately upon birth, without the need for a partition
or distribution of the property. This principle contrasts with the
Dayabhaga school.
 Partition of Property: Under the Mitakshara system, partition is the
division of property among coparceners. While the male members of the
family have a right to demand partition, women traditionally did not have
this right, although they could claim maintenance and residence.
 Inheritance: In the Mitakshara school, inheritance follows the principle
of survivorship for joint family property. When a coparcener dies, his
interest in the joint family property passes to the remaining coparceners
 rather than to his individual heirs. However, for self-acquired property,
the rule of inheritance follows the principles of succession laid down in
the Hindu Succession Act of 1956.
 Regional Sub-Schools: The Mitakshara school has four main sub-schools
based on regional differences:
o Banaras School: Prevalent in Northern India.
o Maharashtra School: Followed in Maharashtra and parts of
Gujarat.
o Dravida School: Found in Southern India.
o Mithila School: Practiced in parts of Bihar and Uttar Pradesh.
These sub-schools differ in their interpretations of specific aspects of the
Mitakshara text, but they all share the fundamental principles of the Mitakshara
system.
2. Dayabhaga School
The Dayabhaga school emerged later than the Mitakshara school and is
prevalent primarily in Bengal and Assam. It is based on the "Dayabhaga"
treatise, authored by Jimutavahana in the 12th century. The Dayabhaga school is
known for its more liberal interpretation of Hindu law, particularly with respect
to property rights and inheritance.
Key Features of Dayabhaga School:
 Concept of Joint Family: While the Dayabhaga school also recognizes
the joint family system, it differs significantly from the Mitakshara school
in its treatment of property ownership. In the Dayabhaga school, the right
to joint family property does not arise by birth. Instead, it is based on the
principle of inheritance.
 Right by Inheritance: Under the Dayabhaga system, a son does not
acquire an interest in the family property merely by birth. The property
remains the absolute property of the father until his death. Only after the
father's death does the son acquire an interest in the property through
inheritance. This is a stark contrast to the Mitakshara school's concept of
"right by birth."
 Partition of Property: In the Dayabhaga system, there is no automatic
right to partition until the death of the father. After the father’s death, the
property is distributed among the heirs according to the principles of
 inheritance. During the father’s lifetime, the property remains under his
sole control.
 Inheritance: The Dayabhaga school places greater emphasis on
individual rights to property through inheritance. When a coparcener dies,
his share of the property is inherited by his heirs, including both male and
female descendants. This school allows a wider distribution of property to
female members of the family.
 Widow’s Rights: One of the significant contributions of the Dayabhaga
school is the recognition of a widow's right to inherit her husband's
property. This was a progressive feature in comparison to the Mitakshara
system, where a widow had very limited property rights.
 No Survivorship Rule: Unlike the Mitakshara school, where property is
passed down by survivorship, the Dayabhaga school advocates the
distribution of property based on individual shares determined by
inheritance laws.
3. Differences Between Mitakshara and Dayabhaga Schools
The two schools of Hindu law, Mitakshara and Dayabhaga, exhibit several
fundamental differences:
Aspect Mitakshara School Dayabhaga School
Property rights arise by
Right to
Property rights arise by birth. inheritance after the father's
Property
death.
Partition can be demanded Partition occurs only after
Partition
during the father’s lifetime. the father's death.
Joint family property is owned
Ownership of The father has sole
by all male members from
Property ownership until his death.
birth.
Follows the rule of Inheritance is based on
Inheritance survivorship for joint family individual shares, including
property. women.
Limited rights to maintenance Widows have the right to
Women’s Rights and residence, no share in inherit their husband's
property. property.
Applicability Widespread across India, Prevalent in Bengal and
Aspect Mitakshara School Dayabhaga School
except Bengal and Assam. Assam.
4. Influence of Modern Legislation
Both the Mitakshara and Dayabhaga schools have been significantly influenced
by modern legislation, particularly the Hindu Succession Act, 1956, which
introduced reforms in Hindu inheritance law. Some of the key changes include:
 Equal Property Rights for Women: The Hindu Succession Act
introduced reforms granting daughters equal rights to inherit property,
thereby overriding the traditional male-centric inheritance rules of both
schools.
 Abolition of Survivorship Rule: The Act abolished the rule of
survivorship under the Mitakshara system and introduced the concept of
"notional partition," where a coparcener's share is calculated as if the
partition had taken place immediately before his death.
 Widow’s Rights: Both widows and daughters were given a more
significant role in the inheritance process, ensuring that they have a legal
share in both ancestral and self-acquired property.
5. Sub-Schools of Hindu Law
In addition to the Mitakshara and Dayabhaga schools, there are several sub-
schools that developed due to regional variations in the interpretation of texts.
These sub-schools reflect local customs and traditions, but they broadly follow
the principles of either the Mitakshara or Dayabhaga school. Some prominent
sub-schools include:
 Banaras School: A sub-school of Mitakshara followed in Uttar Pradesh
and certain parts of Northern India.
 Mithila School: Another Mitakshara sub-school prevalent in the Mithila
region of Bihar.
 Maharashtra School: Practiced in Maharashtra, this sub-school follows
a slightly different interpretation of the Mitakshara texts.
 Dravida School: This Mitakshara sub-school is prevalent in Southern
India and has its own interpretations of Hindu law.
Conclusion
The schools of Hindu law, primarily Mitakshara and Dayabhaga, represent the
diverse ways in which Hindu legal principles have been interpreted and applied
over centuries. The Mitakshara school, with its emphasis on joint family
property and right by birth, and the Dayabhaga school, with its focus on
inheritance and individual property rights, both contribute significantly to the
legal framework governing Hindus in India. Modern legislation, especially the
Hindu Succession Act of 1956, has brought about significant changes in
property and inheritance laws, ensuring greater equality and protection for
women. Despite these changes, the historical schools of Hindu law continue to
play a crucial role in shaping contemporary legal practices in India.
Hindu law, as a system of personal law governing Hindus, has evolved over
thousands of years and is rooted in ancient scriptures, traditions, and
commentaries. It has two main schools, which offer varying interpretations and
applications of these laws. These schools are:
1. Mitakshara School
 Founder: Vijnaneshwara (a 12th-century jurist), who wrote the famous
commentary "Mitakshara" on the Yajnavalkya Smriti.
 Geographical Influence: Predominantly followed in most parts of India,
including northern, western, and southern regions such as Uttar Pradesh,
Madhya Pradesh, Bihar, Odisha, Maharashtra, Gujarat, Karnataka, and
Tamil Nadu.
 Key Features:
o Law of Inheritance: The Mitakshara system bases inheritance on
the principle of "survivorship," meaning that property is inherited
by the male descendants through the concept of joint family or
coparcenary.
o Coparcenary: A joint family property system where male
members have birthright ownership in the ancestral property.
o Women's Rights: Traditionally, women had limited rights over
property in this school, though reforms, including the Hindu
Succession Act of 1956 and amendments in 2005, granted women
equal rights in inheritance.
o Partition: Under Mitakshara law, a coparcener can demand
partition of the property during his lifetime.
2. Dayabhaga School
 Founder: Jimutavahana (a 12th-century jurist), who wrote the text
"Dayabhaga," which sought to simplify certain aspects of inheritance law.
 Geographical Influence: Predominantly followed in West Bengal,
Assam, and other eastern parts of India.
 Key Features:
o Law of Inheritance: Inheritance is based on the principle of
"obligation to perform funeral rites" rather than survivorship. The
property passes to heirs after the father's death, giving more
autonomy to individuals over their property.
 o No Coparcenary System: Unlike the Mitakshara school, the
Dayabhaga school does not recognize a coparcenary before the
father's death, meaning no male member has a right to ancestral
property until the father dies.
o Women's Rights: This school granted relatively better property
rights to women compared to Mitakshara, especially in terms of the
widow’s right to inherit.
o Partition: There is no right to demand partition during the father's
lifetime, as the property does not belong to the sons while the
father is alive.
Comparison between Mitakshara and Dayabhaga Schools:
Aspect Mitakshara School Dayabhaga School
Inheritance Based on funeral rites
Based on survivorship
Principle obligations
Coparcenary Recognized; sons have No birthright; property
System birthright in family property belongs to father till death
Relatively better, especially
Women's Rights Limited (improved post-2005)
for widows
Sons can demand partition Partition can only occur after
Partition
during the father's life the father's death
Both these schools have been reformed by modern legislation like the Hindu
Succession Act (1956), which aimed to remove many gender-based inequalities
and unify certain aspects of property law for Hindus across the country.