MITAKSHARA AND DAYABHAGA SCHOOL

This Article is Written by Shiny Raza of 5^th semester of BALLB of Chhatrapati Shahuji Maharaj University Kanpur

ABSTRACT

Mitakshara and Dayabhaga are two schools of Hindu law that are prevalent in India. Mitakshara is more widely followed in Northern India, while Dayabhaga is more popular in Eastern India.

Mitakshara school is based on the principle of joint family system where ancestral property is passed on from generation to generation, and each member of the family has a right to a share in the property. This school recognizes the concept of coparcenary, where all male members of a family have equal rights over ancestral property. Mitakshara also recognizes the concept of survivorship, where the share of a deceased coparcener automatically passes on to the surviving coparceners.

On the other hand, Dayabhaga school is based on the principle of individual property rights, where each person has exclusive ownership over his or her property. This school does not recognize the concept of coparcenary, and the right to inherit property is determined by the rules of succession.

Both Mitakshara and Dayabhaga schools have their own set of rules and principles regarding inheritance, property rights, and other legal matters. However, with the passage of time, several amendments and modifications have been made to these schools to make them more relevant to the changing social and economic conditions of modern India.

KEYWORDS

Personal law, inheritance, legislation, succession, rights

INTRODUCTION

Mitakshara and Dayabhaga are two schools of Hindu law that have influenced the development of inheritance laws in India.

Mitakshara is a Hindu law school that is primarily followed in the western and southern parts of India. It is based on the commentary on the Yajnavalkya Smriti, written by Vijnaneswara in the 12th century. The Mitakshara school recognizes the concept of coparcenary, which means that ancestral property is jointly held by all male members of the family, and they have equal rights in the property. The Mitakshara school also recognizes the right of daughters to inherit property, albeit with certain limitations.

Dayabhaga is another school of Hindu law that is primarily followed in the eastern parts of India, particularly in Bengal. It is based on the commentary on the Yajnavalkya Smriti, written by Jimutavahana in the 13th century. The Dayabhaga school does not recognize the concept of coparcenary and instead focuses on individual ownership of property. Under this school, inheritance of property is based on the principle of lineal succession, where the property is inherited by the nearest lineal male relative. Daughters are also given the right to inherit property, but their rights are restricted and subject to certain conditions.

Both Mitakshara and Dayabhaga have had a significant influence on the development of Hindu personal law and inheritance laws in India. The laws of inheritance and succession continue to evolve in India, with changes in legislation and court decisions impacting the rights of heirs and the rules of inheritance.

HISTORY OF MITAKSHARA AND DAYABHAGA SCHOOL

Mitakshara and Dayabhaga are two distinct schools of Hindu law that have their origins in ancient India. These schools of law deal with the inheritance of property and the rights of individuals over such property.

1. Mitakshara School: The Mitakshara school is believed to have been founded by Vijnanesvara, a 12th-century scholar from the Chalukya dynasty. His work, the Mitakshara, is considered to be one of the most authoritative texts on Hindu law. It is a commentary on the Yajnavalkya Smriti, which is one of the most important Hindu law texts. The Mitakshara school is primarily followed in North India, and its principles are applied in most parts of the country.

The Mitakshara school advocates the concept of joint family property, where all the members of the family have a right to the ancestral property. The property is passed down through the male line, and the sons have an equal share in the property. The Mitakshara school also recognizes the right of a person to dispose of his or her property through a will.

• Dayabhaga School: The Dayabhaga school is believed to have been founded by Jimutavahana, a 12th-century scholar from Bengal. His work, the Dayabhaga, is a commentary on the Yajnavalkya Smriti and is considered to be the most authoritative text on Hindu law in Bengal. The Dayabhaga school is primarily followed in Bengal and other parts of eastern India.

The Dayabhaga school recognizes the individual ownership of property, and the owner has the right to dispose of it as he or she pleases. The school also recognizes the right of women to inherit property, and daughters are given an equal share in the ancestral property. Unlike the Mitakshara school, the Dayabhaga school does not recognize the concept of joint family property.

The Mitakshara and Dayabhaga schools of Hindu law have different views on the ownership and inheritance of property. While the Mitakshara school advocates joint family property, the Dayabhaga school recognizes individual ownership of property. These schools of law have played a significant role in shaping the legal system of India and continue to be followed in different parts of the country.

MITAKSHARA SCHOOL

The Mitakshara school is a school of Hindu law that primarily deals with the laws of inheritance and succession. The term “Mitakshara” means “reflection” or “commentary,” and the school is named after a text called the Mitakshara, which is a commentary on the Yajnavalkya Smriti.

The Mitakshara school is primarily followed in the northern and western parts of India, while the Dayabhaga school is followed in the eastern parts of the country. The Mitakshara school is based on the principle of joint family property, where the property is owned collectively by the members of the joint family and not by individual family members.

Under the Mitakshara school, there are four modes of inheritance: (1) by birth, (2) by adoption, (3) by testamentary disposition, and (4) by survivorship. The school recognizes the concept of coparcenary, which means that all male members of a joint Hindu family who are descended from a common ancestor have an equal right to the ancestral property.

The Mitakshara school also recognizes the concept of stridhana, which refers to the property that a woman receives either through inheritance or as gifts during her lifetime. The school holds that a woman has an absolute right to her stridhana property, and it cannot be taken away by her husband or other family members.

Sub schools of Mitakshara school:

The Mitakshara school is an important school of Hindu law that deals with inheritance and succession, and it has played a significant role in shaping the legal system of India.

1. Banaras School: The Banaras School, also known as the Mayukha School, is based in the city of Banaras (Varanasi) and is known for its emphasis on the importance of textual sources and its strict adherence to traditional Hindu law. This sub-school places a strong emphasis on the authority of the ancient Hindu texts, such as the Vedas, the Smritis, and the Puranas, and argues that these texts must be followed strictly in all matters of Hindu law.

• Mithila School: The Mithila School is based in the region of Mithila, which encompasses parts of present-day Bihar, Jharkhand, and Nepal. This sub-school is known for its emphasis on female inheritance rights and its belief that daughters have an equal right to inherit ancestral property along with sons. This interpretation of the Mitakshara law is in contrast to the more traditional view that only male heirs have the right to inherit ancestral property.
• Maharashtra School: The Maharashtra School is based in the state of Maharashtra and is known for its more liberal interpretation of the Mitakshara law. This sub-school places a strong emphasis on the principle of individual ownership and argues that individuals have the right to dispose of their property as they see fit, even if it goes against the rules of joint family ownership and inheritance.
• Andhra School: The Andhra School is based in the state of Andhra Pradesh and is known for its emphasis on the concept of coparcenary, which is the joint ownership of ancestral property among male heirs. This sub-school places a strong emphasis on the rights of male heirs and argues that daughters do not have an equal right to inherit ancestral property.
• Dravida School: The Dravida School is based in the southern part of India, particularly in the states of Tamil Nadu and Kerala. This sub-school is known for its emphasis on the principle of religious freedom and its belief that individuals have the right to follow their own religious practices, even if they go against the rules of Hindu law. This interpretation of the Mitakshara law is in contrast to the more traditional view that Hindu law must be followed strictly by all members of the community.

These sub-schools have emerged over time due to differences in interpretation and regional influences. While they differ in their interpretation of certain aspects of Mitakshara law, they are all part of the larger Mitakshara tradition and share a common emphasis on joint family ownership and inheritance.

DAYABHAGA SCHOOL

The Dayabhaga school is one of the two schools of Hindu law in India, the other being the Mitakshara school. The Dayabhaga school is primarily followed in the eastern parts of India, especially in Bengal, Assam, Orissa, and parts of Bihar.[1]

The Dayabhaga school derives its name from the Sanskrit words “Daya” meaning compassion and “Bhaga” meaning share. The school lays greater emphasis on the individual’s right to property than the Mitakshara school. According to this school, an individual has the absolute right to dispose of their property as they see fit. The son or daughter of a deceased person has no inherent right to the property of their parent. The property devolves according to the will of the deceased or according to the rules of inheritance, which are based on the concept of propinquity, i.e., the closest relation inherits first.[2]

The Dayabhaga school is known for its commentary on the Hindu law code, the Manusmriti, by Jimutavahana. The commentary, also called the Dayabhaga, is the primary source of law for the school.[3]

Within the Dayabhaga school, there are several sub-schools that have emerged over time, each with its own unique features and interpretations. Some of the major sub-schools of Dayabhaga are as follows:

1. Bengal School: This is the oldest and most traditional sub-school of Dayabhaga. It emphasizes the importance of the mother in inheritance and succession, and gives her equal status with the father. It also recognizes the right of a son to inherit the entire property of his father, and emphasizes the concept of joint family property.

• Mayukha School: This sub-school is based on the Mayukha, a commentary on the Yajnavalkya Smriti. It emphasizes the right of the eldest son to inherit the entire property of his father, and also recognizes the right of the father to divide his property as he sees fit.
• Vyavahara Matrika School: This sub-school is based on the Vyavahara Matrika, a commentary on the Dayabhaga. It emphasizes the importance of written documents in determining inheritance and succession, and recognizes the right of daughters and widows to inherit property.
• Dattaka Mimamsa School: This sub-school is based on the Dattaka Mimamsa, a text on adoption. It emphasizes the importance of adoption in succession, and recognizes the adopted son as equal to the natural born son in terms of inheritance rights.
• Nirnaya Sindhu School: This sub-school is based on the Nirnaya Sindhu, a commentary on the Yajnavalkya Smriti. It emphasizes the importance of custom in determining inheritance and succession, and recognizes the right of the father to divide his property as he sees fit.

Each of these sub-schools of Dayabhaga has its own unique features and interpretations, and plays an important role in shaping the inheritance and succession laws in eastern India.

DIFFERENCE BETWEEN DAYABHAGA SCHOOL AND MITAKSHARA SCHOOL

The Mitakshara and Dayabhaga are two prominent schools of Hindu law, specifically dealing with the laws of inheritance and succession. While both schools originate from the same ancient texts, they have some significant differences in their interpretations and practices.

Here are the key differences between the Mitakshara and Dayabhaga schools:

1. Basis of Inheritance:

The Mitakshara school is based on the principle of coparcenary, which means that all male members of a family have an equal share in ancestral property, including sons, grandsons, and great-grandsons. In contrast, the Dayabhaga school does not recognize coparcenary and instead follows the principle of propinquity, which means that the closest male relative inherits the property.

• Succession of Women:

The Mitakshara school recognizes women’s rights to inherit ancestral property, but only through limited rights, such as Stridhana (property owned by a woman). However, the Dayabhaga school gives women more extensive inheritance rights, allowing them to inherit property on the same footing as men.

• Division of Property:

In the Mitakshara school, the ancestral property is divided equally among all male members of the family, including sons, grandsons, and great-grandsons. However, in the Dayabhaga school, the property is divided based on the principle of proximity, where the closest male relative inherits the property, and the distribution of property is done based on the rules of inheritance.

• Adoption:

The Mitakshara school recognizes adoption as a means of continuing the family lineage and inheritance of ancestral property. Still, it has several restrictions and conditions. In contrast, the Dayabhaga school considers adoption as an absolute transfer of property, with no restrictions on adoption by widows or persons not related by blood.

• Application:

The Mitakshara school is prevalent in North India, particularly in the states of Uttar Pradesh, Bihar, Rajasthan, and Maharashtra. In contrast, the Dayabhaga school is primarily followed in West Bengal, Assam, and Odisha.

In conclusion, while both the Mitakshara and Dayabhaga schools are based on the same ancient texts, they differ significantly in their interpretation and practices, particularly in the areas of inheritance, succession of women, division of property, adoption, and their regional application.

CONCLUSION

It can be concluded that Hindu law is considered to be the most ancient and prolific laws in the world. It has been around every phase. It is about 6000 years old. Hindu law has been established by the people, not for the purpose of removing any crime or transgression from society but it was established so that the people will follow it in order to attain salvation. Originally Hindu law was established so that the need of the people gets fulfilled. The concept was initiated in for the welfare of the people. There is the two-fold classification of the sources of the Hindu law

• Ancient sources
• Modern sources 

Schools of Hindu law are considered to be the basic source of Hindu law which constituted in the development of the Hindu law from its roots. It is also known as the commentaries and the digestives of the smritis. These schools have widened the scope of Hindu law and explicitly contributed in its development.

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[1] “Dayabhaga.” Encyclopædia Britannica. Accessed on April 30, 2023. https://www.britannica.com/topic/Dayabhaga

[2] “Dayabhaga School of Hindu Law.” Law Times Journal. Accessed on April 30, 2023. https://lawtimesjournal.in/dayabhaga-school-of-hindu-law/

[3] “Dayabhaga School.” Legal Bites. Accessed on April 30, 2023. https://www.legalbites.in/dayabhaga-school-hindu-law/