How many types of schools are there in Hindu Law?
There are two Schools of Hindu Law:- a) Mitakshara b) Dayabhaga. Mitakshara School prevails throughout India except in Bengal. It is a running commentary on the code of Yajnavalkya (Yajnavalkya Smriti). Mitakshara is an orthodox School whereas the Dayabhaga is Reformist School.
What is Mitakshara and 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. The Mitakshara School of Law is sub-divided into the Banaras, Mithila, Maharashtra and Dravida or Madras schools.
What is Dayabhaga school of Hindu Law?
The Dāyabhāga is a Hindu law treatise written by Jīmūtavāhana which primarily focuses on inheritance procedure. The Dāyabhāga does not give the sons a right to their father’s ancestral property until after his death, unlike Mitākṣarā, which gives the sons the right to ancestral property upon their birth.
What are the sources and schools of Hindu Law?
The Dayabhaga and Mitakshara are the two major schools of Hindu law. The Dayabhaga school of law is based on the commentaries of Jimutvahana (author of Dayabhaga which is the digest of all Codes) and the Mitakshara is based on the commentaries written by Vijnaneswar on the Code of Yajnavalkya.
Who is a Coparcener?
Under the Hindu Law, the coparcener is a term to indicate those male members of a Hindu family who have an undivided interest over the ancestral property by birth. After the 2005 amendment of the Hindu Succession Law, a daughter of the family is also considered a coparcener.
What is Apratibandha and Sapratibandha?
Joint family or ancestral property in which the male issues, i.e., sons, grandsons and great grandsons acquire an interest by birth is called “Apratibandha” or “Unobstructed heritage” while separate or self-acquired property of-a person in which no right is acquired by birth, but such right is acquired only on the …
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.
What is Mitakshra 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 difference between Mitakshara and Dayabhaga?
Under the Dayabhaga law school the son has no automatic ownership right by birth but acquires it on the demise of his father. In the Mitakshara school the father’s power over the property is qualified by the equal rights by birth enjoyed by a son, a grandson and a great grand -son.
What do you mean by schools of Hindu law?
Schools of Hindu law are considered to are the commentaries and the digestives of the smritis. These schools have widened the scope of Hindu law and explicitly contributed to its development. The two major schools of Hindu law are as follows- Mitakshara. Daya Bhaga.
What is Mitakshara law?
What means HUF?
Hindu Undivided Family
Hindu Undivided Family (‘HUF’) is treated as a ‘person’ under section 2(31) of the Income-tax Act, 1961 (herein after referred to as ‘the Act’). Under Hindu Law, an HUF is a family which consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters.
Are there any schools of law in Hinduism?
Codified law administers every Hindu. The concepts of schools of Hindu Law does not exist in codified law, however, it exists in uncodified Hindu Law. Vedas and Smritis were the form of sources in which, many scholars all around India, wrote the commentaries which formed the basis for schools of Hindu Law.
Which is the best description of Hindu law?
Shastras and Sutras. Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts.
What does the Mitakshara School of Hindu law mean?
The concept of joint family property under the Mitakshara school implies the belief for the community of ownership and unity of possession. This expression means that 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]
What was the Hindu law in British India?
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India.