MITAKSHARA AND DAYABHAGA SCHOOLS

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This article is written by Srishti Agarwal of 3^rd Semester of BBALLB of Maharaja Agrasen Institute of Management Studies

ABSTRACT

Mitakshara is an ancient school of Hindu law that has had a significant impact on the legal and social fabric of India. The concept of Mitakshara School is based on a joint family system, where the inheritance of ancestral lands is passed down from one generation to the next, and each family member is entitled to a portion of the land. Dayabhaga is another school of Hindu law that has had a significant influence on property, succession, and family matters within India’s legal framework. It is based on the principle of personal property rights, according to which each individual has the sole right to possess his or her property. This article discusses the two schools of Hindu law, their history, and their influence on Indian society.

KEYWORD

Inheritance, Personal Laws, Mitakshara, Dayabhaga, Coparcener, Inheritance

INTRODUCTION

Two distinct schools of Hindu jurisprudence have had a profound impact on the concept of property rights, succession, and the structure of family and society in India. Originating from ancient texts and interpreted by esteemed jurists, these schools of jurisprudence offer opposing interpretations of these fundamental aspects of family and social structure and have had a significant impact on the Indian legal system’s understanding of family relationships and property rights.

The Mitakshara school focuses on the concept of the common family structure and the coparcenary concept of ancestral wealth owned collectively by male members of the family. Conversely, the Dayabhaga school does not adhere to the common family system and instead emphasizes the individual ownership of property, based on the concept of spiritual advantage. Both schools embody different traditions and uniquely interpret Hindu law.

This article examines the long-standing roots, fundamental principles, and long-term effects of these two schools of jurisprudence, tracing their development and comprehending their current significance within the complex tapestry of India’s legal system. The Mitakshara-Dayabhaga school not only shapes the legal discourse but also reflects the ever-changing trends of property and inheritance law, reflecting India’s ever-evolving legal and social environment.

what is school of Hindu law?

Hindu law is the most ancient form of law. It governs the personal matters of Hindus. The ancient sources of Hindu law are shruti, smriti, customs, commentaries, and digests.

over some time, these sources involved interpretation by different scholars and they had different interpretations which led to the development of schools of Hindu law. Hindu law is further subdivided into various sub-schools and sub-regions, each of which has its interpretation and practice. school may have an impact on particular matters or areas within India, thus contributing to the heterogeneous interpretation of Hindu law. Hindu law comprises two schools Mitakshara and Dayabhaga, and remains a significant part of Indian jurisprudence to this day, having a significant impact on property, inheritance, and family law in India. The matrimonial and matrimonial schools of Hindu jurisprudence date back to ancient times, however, due to legal reforms and changes in social norms, their development has been altered to reflect the principles of equality between men and women and individual rights.

Mitakshara school of law

The Mitakshara is a prominent school of Hindu jurisprudence. It is an ongoing commentary on the Smriti, composed by Yajnavalkya. Mitakshara jurisprudence is applicable throughout the Indian subcontinent, except West Bengal and the State of Assam. The jurisdiction of the Mitakshara Jurisprudence is extensive.

Mitakshara School acknowledges the notion of a joint family. A joint family is defined as the holding of property jointly by all members of a family, and the inheritance of the property is passed down through the male members in a continuous male-male line. Property is deemed to be uni-divided and co-divided, and male members possess equal rights over the property. Mitakshara acknowledges the principle of coherence, which stipulates that the sons, grandchildren, and great-grandchildren of the proprietor of the property possess the same share of the property by descent. Mitakshara also acknowledges the right of survivorship, whereby upon the untimely death of the proprietor, the proprietor’s share of the property passes to the surviving proprietors of the property by survivorship, rather than through succession or inheritance.

Mitakshara School adheres to the principles of joint family, coparcenary, and survivorship. The eldest male member of the family is considered to be the head, thus promoting family unity and ensuring that property remains in the family lineage. Furthermore, ancestral property rights are implemented, meaning that any property inherited from an ancestor cannot be taken away without the consent of the entire family. This helps to protect the family property from misuse or alienation. Furthermore, when a coparcener passes away, their share of the joint family property is passed on to the remaining coparceners, thus ensuring that the property does not become divided among the heirs.

Mitakshara School practices have been widely criticized for their gender-biased approach to property inheritance, which only recognizes male coparceners, and does not grant equal rights to women in matters of inheritance. This is seen as a form of discrimination against women and is not by the principle of gender equality. Furthermore, the concept of survivorship may lead to inequitable outcomes, as the portion of the inheritance of a deceased coparcener that does not leave a male heir may be passed on to those who are still living, thus excluding the heirs of the dead coparcener. Furthermore, Mitakshara does not accept the notion of individual ownership or control of property, which is shared by the family as a whole and managed by the oldest male member of the family. This can sometimes result in disputes and conflicts between members of the family over the administration and control of property.

Mitakshara School is further divided into subcategories these are-

banaras law school

Mitakshara School of Law, which caters to the entire northern India including Orrisa. Other prominent commentaries of the law school include Viramitradaya, Nirnyasundhu, and Vivada. It is the most orthodox Hindu law school.

Mithila Law School

it refers to the territory of the state of Tirhoot and the northern part of Bihar. The main commentaries on the law school of Mithila are Vilnadratnamani. The text of the Kalpataru text by the author of the book is freely quoted in the school of jurisprudence of Mithila.

Maharashtra Law School

The Maharashtra law school exercises its jurisdiction over territorial parts of Gujarat Karana and the parts where the Marathi language is proficiently spoken[1]. Vyavhara Mayukha and Virmitrodaya are the main authorities of the Maharashtra law school.

Punjab Law School

Mitakshara’s law school is located in the eastern part of the state of Punjab. This law school has its own unique culture and customs. The main distinguishing features of this school are Viramitradaya and the established customs.

Madras Law School

This law school is based in Madras and covers the entire south of India. The main heads of the law school in Madras are Smriti Chandrika and Vaijayanti. The law school also has jurisdiction over Maharashtra law school.

Dayabhaga school

Dayabhaga Hindu Law is a school of jurisprudence that is largely prevalent in West Bengal, as well as other parts of eastern India. There are some distinctions between the principles and practices of this school and those of the Mitakkshara School of Jurisprudence.

Dayabhaga School was designed to eliminate all other irrational and artificial inheritance principles. The immediate advantage of this new approach is that it eliminates all shortcomings and restrictions of the established principles, such as the inclusion of multiple cognates in the succession list, which was limited by Mitakshara’s school.

Dayabhaga school does not have any sub-schools, however, there are a variety of commentaries on the subject, including Dayatatya, Dayakram-Sangrah, Viratrodaya, and Dattaka Chandrika.

Dayabhaga School adopts the concept of individual property ownership and control, which is distinct from joint family property under Mitakshara. This allows for more flexibility in managing and disposing of property and grants more autonomy to individuals when it comes to property inheritance. The concept of property inheritance does not discriminate between men and women, as both men and women have equal rights in property inheritance matters. This is by gender equality principles and reflects a more inclusive approach to property rights. Dayabhaga does not accept survivorship, and the property of a deceased individual is inherited by his or her heirs according to his or her will or intestate inheritance, rather than being passed on to the surviving cousins. This provides greater testamentary freedom and ensures that property is inherited by the deceased’s wishes.

dayabhaga school is criticised for its lack of prevalence in the majority of Indian society, and its tenets are restricted to a limited number of areas, particularly in the West Bengal region and other eastern Indian states. This can lead to conflicts and disputes between individuals belonging to various Hindu Law schools. The dayabhaga school does not accept coparcenary and property is held by each family member individually, which can lead to a lack of unity and division of property. It may be perceived as a deviation from the traditional Hindu family concept of joint family, as it encourages individual property ownership and control. This can lead to difficulties in managing and disposing of property in its entirety.

difference between mitakshara and dayabhaga

Based on the Rights of Women:

Women have a distinct right to be included in any partition between their husbands and sons, which is not available to the sons due to the absolute ownership of the father. In both systems, mothers are entitled to a portion of any partition between sons that is equal to their son’s share. Furthermore, if a son passes away before the partition is completed and the mother is appointed as his successor, she is entitled to both a portion of the deceased son’s share and her share of the remaining sons’ share.

Based on Succession:

Mitakshara schools of inheritance are based on consanguinity, while Dayabhaga schools are based on spiritual efficacy. Under Mitakshara law, cognates are deferred to agnates, while under Dayabhaga, certain cognates, such as sisters and sons, are preferred over multiple agnates. This implies that if a Hindu die without a son or daughter, the daughter is excluded from the inheritance and the son will inherit all the property. Similarly, if a Hindu die with a son and daughter, the son’s son will inherit the succession. The Hindu Succession Act of 1956, however, provides a uniform law of inheritance for all Hindus.

Based on Joint Family

Mitakshara School emphasizes the concept of joint family property, with the son being considered to be co-owners of the ancestral property from the time of his birth. Under this system, the father has limited authority to divide the ancestral property between the sons. On the other hand, the father has absolute power to divide the property between the sons during their father’s lifetime. In contrast, Dayahaga school emphasizes the concept of property rights, with the son having no right to any joint family property until the last owner passes away.

Based on partition

Mitakshara school is based on the principle of partition, which stipulates that neither the members of a coparcener nor the members of the joint family can possess a fixed physical portion of the property. This is known as holding the property in the form of definite shares. Conversely, in Dayabhaga School, each member of the coparcener is assigned a fixed percentage of the joint family property, resulting in each coparcener having a distinct percentage of the Hindu common family property.

Based on Geographical Influence

Mitakshara is the predominant school of Hinduism in the north and west of the country, while Dayahaga is the predominant school in the east, particularly in Bengal, Assamese, Orissa, and parts of the state of Bihar. The geographical separation between the two schools has resulted in divergent legal systems and interpretations, which reflect the diverse cultural and historical backgrounds of India’s subcontinent.

Based on Widows’ rights:

In the event of the death of one of the brothers, the widow is entitled to inherit his share of the estate under the provisions of Dayabhaga. However, under the provisions of Mitakshara, the widow’s rights are precluded due to the brothers’ right of survivorship. Consequently, the widow is only entitled to maintenance.

Legal Landscape:

The Indian legal system has not always followed the same pattern. In 1956, the Hindu Succession Act marked a milestone in the reform of inheritance laws in India, aiming to create a more equal and gender-neutral system. Subsequent modifications have continued to alter the traditional practices of Mitakshara as well as Dayabhaga families.

Hindu Law is a constantly changing legal system, and its principles are subject to judicial interpretation and legislative reform. As society advances and develops, it is important to ensure that Hindu Law upholds the principles of equal treatment, social equity, and individual rights.

CONCLUSION

Two schools of Hindu jurisprudence take different approaches to the question of succession and property rights in Hindu law. The most traditional and masculine-oriented school of Hindu law is known as the ‘Mitakshara’ school, while the ‘Dayabhaga’ school adopts a more egalitarian and balanced approach, guaranteeing equal rights for both sons and daughters.

Hindu law in India is divided into two distinct schools: the Dayabhaga School and the Mitakshara School. Dayabhaga schools are prevalent in eastern regions such as Bengal, Assam, and Orissa, and focus on the individual right to property. Under this school, the distribution of property is based on the deceased’s will or rules related to the closeness of the relationship, with sons only being able to inherit after the death of the father.

The main source of Hindu law is the Hindu schools of law. With the help of modern laws and precedents, Hindu law has evolved over time. Mitakshara law is a bit more conservative, while Dayabhaga law is more liberal. The main difference between the two is their views on joint family property. Basically, Hindu law is the oldest law in the world. It was created to meet everyone’s needs and for the benefit of the people. Some of the assets of Hindu law include Shruti (God’s words), Smriti, texts, customs, ancient practices, notes, and devotional texts. These aren’t codified in Hindu law, but they had special meaning because the lawmakers used them to create and change Hindu law.

Modern Hindu Law is divided into two categories: the codified law and the uncodified law. The codified law governs each Hindu. Schools of Hindu Law do not exist in the codified law, but they do exist in the uncodified Hindu law. The Vedas and the Smritis were the sources from which many students from all over India composed the commentaries that gave rise to the concept of Schools of Hindu Law.

As Hindu culture progresses, so does the interpretation and implementation of these traditional legal frameworks, guaranteeing that they remain pertinent and equitable in contemporary society.

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