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 Shastric Hindu law?
Under the Shastric Hindu law as applied in Bangladesh, only a male can be adopted and he must belong to the same caste as his adoptive parents and his mother must not be within the prohibited degrees to his adoptive father, that is, he must not be a boy whose mother his adoptive father could not have inaitied.
What is the divine law in Hinduism?
In Hinduism, the divine law the rules karma; it requires all people to do their duty based on their status in society. dharma. A set of rigid categories in ancient India that determined a person’s occupation and economic potential, as well as his or her position in society, partly based on skin color.
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.
Who governed by Mitakshara law?
According to Mitakshara law in the North, whenever a partition takes place between father and son, the wife of the father should be given a share equal to that of a son. It needs to be emphasized that a female member cannot demand partition.
Can any woman gift her Stridhan?
As per Hindu law, stridhan is whatever a women receives during her lifetime including all movable, immovable property, gifts etc received prior to marriage, at the time of marriage and during child birth.
What is divine law example?
Divine laws are those that God has, in His grace, seen fit to give us and are those “mysteries”, those rules given by God which we find in scripture; for example, the ten commandments.
Who founded Mitakshara law school?
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.
Where does the Mitakshara law apply in India?
The Mitakshara Law applies tothe whole of India except Bengal and Assam. Under this law as it existed until the amendments made by The Hindu Succession (Amendment) Act, 2005, the son acquires by birth an interest in the ancestral property. Ancestral property, under the Mitakshara Law, thus devolves on the death- of a coparcener by survivorship.
How is ancestral property devolved under the Mitakshara law?
Under this law as it existed until the amendments made by The Hindu Succession (Amendment) Act, 2005, the son acquires by birth an interest in the ancestral property. Ancestral property, under the Mitakshara Law, thus devolves on the death- of a coparcener by survivorship. Mitakshara law recognizes two kinds of devolution of property as follows: –
How is Dayabhaga law different from Mitakshara law?
Dayabhaga law thus recognizes only devolution by succession and it doesn’t recognize the devolution by survivorship as it recognizes in case of Mitakshara Law. 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.
What does partition according to Mitakshara law mean?
Thus, partition under Mitakshara law may be defined as, “the crystalization of the fluctuating interest of a coparcenary into a specific share in the joint-family estate.