Vigneswara
While both the schools were based on texts of Manu, the Mitakshara system founded by Vigneswara followed a rigid patriarchal system where inheritance rights and competence of women were not recognized. Jimutvahana, the founder of Dayabhaga or the Bengal School of Law critically differed on this.
What is Mitakshara and Dayabhaga?
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. The Mitakshara School of Law is sub-divided into the Banaras, Mithila, Maharashtra and Dravida or Madras schools.
What are the salient features of Mitakshara school of Hindu law?
The essential feature of a Mitakshara coparcenary property is unity of ownership, i.e., the ownership of property is not vested in a single coparcener. It is vested in whole body of coparcenary.
What are the sub schools of Mitakshara?
Mitakshara is further divided into five sub-schools namely as following:
- Benaras Hindu law school.
- Mithila law school.
- Maharashtra law school.
- Punjab law school.
- Dravida or Madras law school.
What is Hindu Mitakshara?
A Joint Hindu family according to the Mitakshara Law consists of a male member of a family with his sons, grandsons and great-grandsons according to Hindu Law. They collectively constitute a coparcenary of a Hindu Family. They are different from members who are not coparceners as we have seen earlier.
What is the difference between Mitakshara and Dayabhaga school?
Under Mitakshara school right to ancestral property arises by birth. While in Dayabhaga school the right to ancestral property is only given after the death of the last owner. It does not recognise the birth right of any individual over an ancestral property.
What is Mitakshara law school?
Mitakshara School: Mitakshara is one of the most important schools of Hindu law. It is a running commentary of the Smriti written by Yajnvalkya. This school is applicable in the whole part of India except in West Bengal and Assam. The Mitakshara has a very wide jurisdiction.
Who wrote Mitakshara?
Yajnavalkya
Mitākṣarā/Authors
The Mitākṣarā is a vivṛti (legal commentary) on the Yajnavalkya Smriti best known for its theory of “inheritance by birth.” It was written by Vijñāneśvara, a scholar in the Western Chalukya court in the late eleventh and early twelfth century.
What is the Mitakshara law?
In Mitakshara law, on the death of a coparcener, his interest became merged with that of the surviving coparceners. It said that when a male Hindu died after the Act came into force, his interest in a Mitakshara coparcenary shall go to the surviving members of the coparcenary and not in accordance with the Act.
What is the Mitakshara school of Law?
What are the various schools of Hindu law distinguish between Mitakshara school and Dayabhaga school?
Mitakshara school considers only the male members of the family under the joint family. In Dayabhaga, children have no right over property by birth and arise only after the death of their fathers. In the Mitakshara system, the son, grandson and great-grandson acquire the right to property by birth.
What is Mitakshara in family law?
What is Mitakshara School of Law?
Mitakshara school of law is based on the law of propinquity (nearness of blood-relationship) it is moved on the secular principle. It explains the exclusion of females from inheritance (First principal) it is terminated by the 2005 amendment of Hindu succession Act.
What is Mitakshara and Dayabhaga law?
Mitakshara and Dayabhaga school Mitakshara and Dayabhaga are the two schools of law that growers the law of succession of the Hindu Undemeaned family under Indian law. Under Mitakshara school right to austral property arises by birth hence the son becomes the co-owner of the property showing similar rights as of the Fathers.
What is mitmitakshara school?
Mitakshara school is based on the code of yagnavalkya commented by vigneshwara, a great thinker and a law maker from Gulbarga, Karnataka. The Inheritance is based on the principle or propinquity i.e. the nearest in blood relationship will get the property. The school is followed throughout India except Bengal state.
What is Mitakshara law of joint family?
In law of joint family, Mitakshara school of law gives a son’s rights by luth in joint family property among the member can be at any time subsequently. This system in Hindu have is unique in the world coparcenary devolves by surveyor ship. This is community ownership.
