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SCHOOLS OF HINDU LAW

Schools of Hindu Law came into being when different commentaries and conflicts appeared to interpret Smritis. 

* There are two major schools of Hindu Law

1- Mitakshara School

2- Dayabhaga School

Mitakshara

••A running commentary on the code of Yajnavalkya Written by Vijnaneshwara (in 11th Century). 

•A supreme authority throughout India except

Bengal and Assam. 

• An Orthodox School. 

• Divided into 5 sub-schools (which materially differed on the law of adoption and inheritance) .

•Covers wide aspects of Hindu Law including the law of succession, coparcenary, partition etc. 

•Even in Bengal and Assam, it is regarded as authority on all questions where there is no conflict between it and Dayabhaga. 

★ Sub schools

The five sub-schools of Mitakshara are-

1. The Banaras School: "This school prevails in the whole of Northern India including Orissa 'except in Mithila and Punjab. Some of its major commentaries are -Mitakshara,Viramitrodya,Nirnayasindhu,  Dattaka,Mimamsa,Vivada , Tandava etc. 

2. The Mithila School: This school exercises its authority in Tirhoot and North Bihar. The main authoritative commentaries of this school are Vivad Ratnakar, Vivada Chintamani, Smriti Sara etc.

3. The Dravida or Madras School: This school governs the whole Southern part of India including the whole Madras state.The authorities of the schod are Smriti Chandrika, Vivada-Tandava ,Nirnaya Sandhu, Viramitrodaya, Vyavahara Nirmaya etc.

4.The Bombay or Maharashtra School: This school prevails in almost whole of the Bombay including Gujarat, Karana and parts where Marathi is skoke as local language. The authoritative works are Viramitrodaya, Vyavahara Mayukha ,Nirnaya Sindhu etc

5 .The Punjab School: This school prevails in the part of the country called East Punjab. It is chiefly governed by the customs. The main authorities of this school ae the Mitakshara, Viramitrodaya and Punjab customs.

 

Dayabhaga

•A digest of all the codes. 

• Written by Jimutavahana. 

•Leading authority of the Bengal School.

•Prevails in West Bengal as well as in Assam. 

•Primary focuse to deal with Partition, Inheritance and Joint family. 

• Permitted the women to let in the coparcenary. 

•According to Mayne, it was written in the 13th

century. 

• More dynamic and an improvement upon Mitakshara. 

• There are no-sub-schools of Dayabhaga. 

★ The following authorities are accepted in this school-

1.Dayabhaga

2.Dayatatva

3 .Daya-Sangraha

4. Viramitrodaya

5.Dattaka Chandrika

Difference Between Mitakshara and Dayabhaga

Mitakshara

Dayabhaga

1•Applicable to the whole of India except West Bengal and Assam.  2•Five Subschools. Also known as Osthodox School. 3• A commentary on the code of Yagnavalkya.        4•Founder was Vijnaneshwara. 5•Right to property arises from birth 6•Son is a co-owner with the father in ancestral property. 7•The principle of inheritance is consanguinity.  8•Members of joint family cannot dispose their shares while undivided. 9•Father has restricted power of alienation. 10•Son can claim partition even against the father.  11•There can be transfer of property through survivorship. 12•Recognise doctrine of factum valet to a limited extent.

1•Applicable only in Bengal and Assam. 2•No subschools Also Known as reformist  3•A digest of all the codes (13th Century)  4•Founder was Jimutavahana .  5•Right to be property arises by death of last owner. 6•Son has no right to ancestral property during father's lifetime.  7•The principle of inheritance is spiritual efficacy (offering of pindas).  8•Any member of joint family may sell or give away his share even when undivided.  9•Father has absolute power of alienation.  10•Son cannot claim partition or even maintenance.  11•Does not recognise such survivorship.  12•Doctrine of Factum valet is fully recognised.