The Schools of Hindu law emerged from the commentaries and digests. There are two main schools, namely :
1. Mitakshara school and
2. Dayabhaga school
Vijnaneswara's commentary on yajnavalkya smriti is called mitakshara, which means 'measured in words'. Dayabhaga school got it's name from a leading smritis by name dayabhaga, written by jimuthavahana. Mitakshara school prevails all over India except the state of Bengal and Assam, while dayabhaga prevails in Bengal and Assam. Mitakshara deals with all titles of law, while dayabhaga deals with partition and inheritance
Sub-schools of mitakshara - Mitakshara school may be subdivided into the following four schools -
1. Dravida or Madras School ;
2. Maharashtra or Bombay school ;
3. Benaras school; and
4. Mithila school ;
See...Distinction between mitakshara and dayabhaga schools
1. Mitakshara :
a) Joint family:
According to the Mitakshara a son, grandson and great-grandson acquire right by birth in the ancestral property. This doctrine is based on Mitakshara Joint Family. Under the Mitaksha the Father's power are qualified by the sons equal right by birth.
b) Survivorship:
Brothers who have inherited property from their father have a right of Survivorship in the Mitakshara Joint family.
c) Widow's rights:
When one of the brothers dies, his widow can succeed to his share under the dayabhaga but under Mitakshara her rights are excluded by the right of survivorship of the brothers. The widow can have only a right to maintenance.
d) Sapinda :
Heirship The relationship of sapinda arises according to community of blood.
2 Dayabhaga
a) Joint family:
Under Dayabhaga School the ownership of son can arise only after the death of the father. There is no right by birth. The father has uncontrolled power of alienation over the family property under the dayabhaga.
b) Survivorship
Dayabhaga does not recognize such survivorship
c) Widow's rights
When one of the brothers dies, his widow can succeed to his share under the dayabhaga.
d) Sapinda :
Heirship The Heirship arises by means of pinda offerings (Spiritual benefit)
1. Mitakshara school and
2. Dayabhaga school
Vijnaneswara's commentary on yajnavalkya smriti is called mitakshara, which means 'measured in words'. Dayabhaga school got it's name from a leading smritis by name dayabhaga, written by jimuthavahana. Mitakshara school prevails all over India except the state of Bengal and Assam, while dayabhaga prevails in Bengal and Assam. Mitakshara deals with all titles of law, while dayabhaga deals with partition and inheritance
Sub-schools of mitakshara - Mitakshara school may be subdivided into the following four schools -
1. Dravida or Madras School ;
2. Maharashtra or Bombay school ;
3. Benaras school; and
4. Mithila school ;
See...Distinction between mitakshara and dayabhaga schools
1. Mitakshara :
a) Joint family:
According to the Mitakshara a son, grandson and great-grandson acquire right by birth in the ancestral property. This doctrine is based on Mitakshara Joint Family. Under the Mitaksha the Father's power are qualified by the sons equal right by birth.
b) Survivorship:
Brothers who have inherited property from their father have a right of Survivorship in the Mitakshara Joint family.
c) Widow's rights:
When one of the brothers dies, his widow can succeed to his share under the dayabhaga but under Mitakshara her rights are excluded by the right of survivorship of the brothers. The widow can have only a right to maintenance.
d) Sapinda :
Heirship The relationship of sapinda arises according to community of blood.
2 Dayabhaga
a) Joint family:
Under Dayabhaga School the ownership of son can arise only after the death of the father. There is no right by birth. The father has uncontrolled power of alienation over the family property under the dayabhaga.
b) Survivorship
Dayabhaga does not recognize such survivorship
c) Widow's rights
When one of the brothers dies, his widow can succeed to his share under the dayabhaga.
d) Sapinda :
Heirship The Heirship arises by means of pinda offerings (Spiritual benefit)
0 comments:
Post a Comment