What are the essential features of Mitakshara and Dayabhaga schools?
Under Mitakshara school right to ancestral property arises by birth. Hence the son becomes the co-owner of the property sharing similar rights as of fathers. While in Dayabhaga school the right to ancestral property is only given after the death of the last owner.
What is mean by Mitakshara school of Hindu law?
In Mitakshara law, on the death of a coparcener, his interest became merged with that of the surviving coparceners. Sons inherited property only by virtue of being or becoming coparceners. When the Hindu Succession Act, 1956, was enacted, this position was largely preserved by Section 6.
What is the Mitakshara School of Law and Dayabhaga School of Law?
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.
What are the differences between Mitakshara and Dayabhaga school?
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 are the features of Coparcenary under Mitakshara law?
The most characteristic feature of a Mitakshara coparcenary is the unity of ownership and possession of joint family property among its coparceners. Both the ownership and possession of the coparcenary property is in the whole body of the coparceners.
What are the features of Mitakshara Coparcenary?
According to the Mitakshara law school, a joint family refers only to the male member of a family and extends to include his son, grandson, and great-grandson. They collectively have co-ownership/Coparcenary in the Joint Family. Thus a son by birth acquires an interest in the ancestral property of the joint family.
Why the Mitakshara is important for us?
The importance of the Mitakshara therefore is that it teaches us to have respect for intellect and learning wherever it may come from.
Who founded Mitakshara law school?
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.
What are the sub Schools of Mitakshara school?
Mitakshara is further divided into five sub-schools namely as following:
- Benaras Hindu law school.
- Mithila law school.
- Maharashtra law school.
- Punjab law school.
- Dravida or Madras law school.
What is Dayabhaga school of Hindu law?
The Dāyabhāga is a Hindu law treatise written by Jīmūtavāhana which primarily focuses on inheritance procedure. … The Dāyabhāga does not give the sons a right to their father’s ancestral property until after his death, unlike Mitākṣarā, which gives the sons the right to ancestral property upon their birth.
What do you understand by Mitakshara?
The Mitakshara is a legal treatise on inheritance, written by Vijnaneshwara a scholar in the Western Chaiukya court in the 12th century. … Inheritance is based on the principle of propinquity i.e. ‘the nearest in blood relationship will get the property.
What are the main source of Hindu law?
The primary and important source of Hindu law is Vedas. According to tradition the Vedas also called Shruti. Shruti means what is heard by the Sages (Rishis). The Vedas are the fountain-head of Hindu religion and law.