Family Law

Schools of Hindu Law

Schools of Hindu Law

Mitakshara school

  • Exist throughout India except in state of Bengal and Assam.
  • The Yagna Valkya smriti was commented on by Vigneshwara under the title Mitakshara.
  • The inheritance is based on the principle, i.e., the nearest in blood relationship will get the property.
  • A women can never become a co-parcener. (under Hindu succession act 2005)
  • A widow of a deceased co-parcener cannot enforce a portion of her husband’s share against his brother.
  • There are four sub-schools under this:
    • Banaras: (extends to hole North India except rural Punjab)
    • Mithila: (Trihut and certain district of North Bihar)
    • Maharashtra: (Western India)
    • Dravida: (southern India with the whole old presidency of Madras)
Schools of hindu law

Dayabhaga School

  • Exist in Bengal and Assam only.
  • The yagna valkya smriti is commented on by Jimootavagana under the title Dayabhaga.
  • Right of property is not by birth but only by the death of the father.
  • Widow has a right to succeed to husband share on the husbands’ death the Widow becomes a co-parcener.

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