What is Mitakshara system?
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 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.
Where is Mitakshara followed?
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. The Mitakshara and Dayabhaga Schools differed on important issues as regards the rules of inheritance.
Which state in Mitakshara system of Hindu law is applicable?
Five states in India viz. Kerala, Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka passed legislation to remove the discriminatory features of the right by birth under the Mitakshara law. The States of Tamil Nadu (1989), Maharashtra (1994) and Karnataka (1994) followed the Andhra model.
What is the importance of Mitakshara?
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 the difference between Mitakshara and Dayabhaga system?
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 Dayabhaga System Class 11?
(a) Dayabhaga This system exists in West Bengal in which, the male as well as female members of Joint Hindu Family can become co-parceners. (b) Mitakashara This system prevails in India except West Bengal. Under this system, only male members can become co-parceners in Joint Hindu Family business.
How is Mitakshara Coparcenary formed?
Thus, the birth of a son is the starting point or reviving point of Mitakshara coparcenary. On his death, if he is survived by two or more sons, they inherit the property, and form a coparcenary. It is the death of the father that becomes the starting point of the formation of coparcenary, under the Dayabhaga Law.
What is Mitakshara in history?
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.
Which of the following clearly define Mitakshara?
The correct answer is A treatise on ancient Hindu law of inheritance. ‘Mitakshara’ talks about the laws of inheritance i.e birthright of sons to their ancestral property. ‘Mitakshara’ on the Yajnavalkya Smriti best known for its theory of “inheritance by birth”.
What is Indian 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 partition under Mitakshara law?
Under the mitakshara school, partition means- Severance of status or interest and actual division of property in accordance with the shares by metes and bounds. click above. Under Dayabhaga law, partition means- only division of property by metes and bounds.