Family Law

Schools of Hindu Law

By K.A Nithin Kishore (School of Law, Presidency University, Bengaluru)

Introduction

Because of the development of different discourses on SMRITI and SRUTI, various schools of contemplations emerged. The critique in one piece of the country fluctuated from the critique in different pieces of the country. 

School implies rules and standards of Hindu Law which are isolated into assessment. It isn’t arranged. There are two Schools of Hindu Law: – 

a) Mitakshara 

b) Dayabhaga. 

Mitakshara School wins all through India besides in Bengal. It is a running critique on the code of (Yajnavalkya Smriti). Mitakshara is a customary School while the Dayabhaga is a Reformist School. 

The Mitakshara and Dayabhaga Schools varied on significant issues as respects the standards of legacy. Nonetheless, this part of the law is currently systematized by the Hindu Succession Act, 1956, which has broken up the contrasts between the two. Presently, the principal contrast between them is on joint family framework. Mitakshara-Rights in the joint family property is procured by birth, and as a rule, females have no privilege of progression to the family property. The privilege to property passes by survivorship to the next male individuals from the family. Dayabhaga-Rights in the joint family property are gained by legacy or by will, and the portion of a perished male part goes to his widow in default of a shut beneficiary.

MITAKSHARA SCHOOL OF THOUGHT

The Mitakshara School exists all through India besides in the State of Bengal. The Yagnavalkya Smriti was remarked on by Vijnaneshwara under the title Mitakshara. The devotees of Mitakshara are gathered under the Mitakshara School. Mitakshara school depends on the code of Yagnavalkya remarked by Vijnaneshwara, an extraordinary mastermind and an official from Gulbarga, Karnataka. The Inheritance depends on the rule of propinquity for example the closest in blood relationship will get the property. Sapinda relationship is of blood. The privilege to Hindu joint family property is by birth. In this way, a child following birth gets a privilege to the property. The arrangement of devolution of property is by survivorship (But now it has been revised by 2005 Amendment Act). The portion of coparceners in the joint family property isn’t unequivocal or ascertainable, as their offers are fluctuating with births and passing of the coparceners. The coparcener has no total option to move his offer in the joint family property, as his offer isn’t distinct or ascertainable. The widow of a perished coparcener can’t uphold a segment of her husband’s share against his siblings. A lady would never turn into a coparcener. Be that as it may, the Hindu Succession (alteration) Act of 2005 enabled the ladies to turn into a coparcener like a male in genealogical property. A significant change sanctioned because of western impact. 

Sub-Schools under the Mitakshara School: 

There are four Sub-Schools under the Mitakshara School: 

I. Dravidian School of thought: (Madras school) 

It exists in South India. On account of appropriation by a widow it has a curious custom that the assent of the sapindas was fundamental for a legitimate selection. The primary position acknowledged by this school is Smriti Chandrika written by Devananda Bhatta. 

ii. Maharashtra School: (Bombay School of Thought) 

It exists in Bombay (Mumbai) and Gujarat. The Bombay school has a whole work of strict and Civil laws. The principal authority acknowledged by this school is Vyavahara Mayukha composed by Nilakantha. 

iii. Banaras School of Thought

It reaches out of entire northern India besides in Punjab where its position is adjusted by standard law in rustic zones. The principal authority acknowledged by this school is Viramitrodaya composed by Mitra Mishra. 

iv. Mithila School of Thought

It exists in Tirhut, North Bihar and Uttar Pradesh close to the Jamuna (Yamuna) stream regions. The fundamental position acknowledged by this school is Vivad Chintamani composed by Vachaspati Mishra and Vivad Ratnakara written by Chandeshwar Thakur. 

v. Punjab School

It wins in the piece of the nation called East Punjab. This School is primarily represented by nearby traditions. The fundamental power acknowledged by this school is Viramitrodaya created by Mitra Mishra and nearby traditions of Punjab.

DAYABHAGA SCHOOL OF THOUGHT 

It exists in Bengal and Assam as it were. The Yagna Valkya smriti and some other Smritis are remarked on by Jimutavahana under the title Dayabhaga. It has no sub-school. It contrasts from Mitakshara School in numerous regards. Dayabhaga School depends predominantly on the code of Yagnavalkya remarked by Jimutavahana, Inheritance depends on the standard of profound advantage. It emerges by pinda offering for example rice ball offering to perished precursors. This school is continued in Bengal and a few pieces of Assam as it were. 

The fundamental highlights of this School are as per the following: 

  • Sapinda connection is by pinda contributions. 
  • The privilege to Hindu joint family property isn’t by birth however just on the demise of the dad. 
  • The arrangement of devolution of property is by legacy. The lawful beneficiaries (children) have distinct offers after the passing of the dad. 
  • Each sibling has responsibility for a distinct part of the joint family property thus can move his offer.  
  • The widow has an option to prevail in the husband’s share and uphold segment on the off chance that there are no male relatives. 
  • On the passing of the spouse the widow turns into a coparcener with other siblings of the spouse. She can implement a parcel of her offer.

Conclusion

The above write up helps us understand about the source of Hindu law. The different schools helped the evolution of Hindu Law. The Hindu Law evolution was not an easy process; the ideas of different philosophers got different criticisms and then got its place. So basically, Hindu law is mainly connected with reality. The ancient customs and philosophers preached humanity among difference of opinions arose. 

Categories: Family Law, Hindu Law

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