Schools of Hindu law
Properly speaking there are two schools of Hindu law, namely mitakshara school and Daya Bhaga school. The letter prevails in Bengal and former in another part of India. the mitakshara is a running commentary on the code of yajna Valka and was written by Vigneshwara in the latter part of the eleventh century.
The Daya Bhaga is not a commentary on any one code, but purposes to be a digest of all the codes .it was written by Jeemutbahana .it was written about two centuries later than the mitakshara.
The mitakshara is of supreme authority throughout India except in Bengal and Assam. The Daya Bhaga is of supreme authority in Bengal and Assam.
Mitakshara
The mitakshara school is thus divided into five sub-school They materially differed on the law of adoption and inheritance. All there schools acknowledge the supreme authority of the Mitakshara, but hive preference to certain treatises and to commentaries which contain certain passages of the Mitakshara.
The five sub-schools are namely
- The Benaras School,
- The Mithila school,
- The Dravida or madras school,
- The Bombay or Maharastra school,
- The Punjab school
(1) Benaras School.
Accepting in Mithila and the Punjab this school previous in the whole of Northern India including Odisha the in the central provides now Madhya Pradesh in the Banaras school of hindu law
The following commentaries
- Mitakshara
- Viramitrodaya
- Dattka Mimansa
- Nirmyasindhu
- Vivada Tbdava
(2) Mithila school
This is school profile s in tirhoot and North Bihar. Of course in mitalshara is the law of this school except in a few matters.
The following commentaries
- Mitakshara
- Vivada Ratnakar
- Vivada Chintamani
- Madana Parijata
(3) The Bombay or Maharastra school
The Bombay or Maharashtra school of the Hindu law prevails in almost whole of the state of Bombay including Gujarat, Kanara and parts were the Marathi languages in spoken as the local languages.
The following commentaries
- Mitakshara
- Viramtrodaya
- Nirmya Sindhu
- Vivada Tandava
- Vyvhara mayukha
(4) The Dravida or madras school
The whole of the Madras state is governed by the Madras school of Hindu law. The school was sub-divided into a Tamil, a Karnataka and an Andhra school for which, however, there was no jurisdiction.
The authority accepted in the school is following.
- Mitakshara
- Viramtrodaya
- Nirmya Sindhu
- smriti Chandrika
- Viramtrodaya
- Vivada Tandava
- Saraswati vilasa
- Madhavi
- Vijayanti
(5) The Punjab schools
In the part of the country called east Punjab, this school is chiefly governed by the customs.
The following are authorities in the school.
- Mitakshara
- Veera mitro Daya
- Punjab customs
Dayabhaga
This school prevails in West Bengal as well as in Assam with some variance based on the authority of customs.
The following authorities are accepted in the school
- Dayabhaga
- Daya Tatva
- Viramitrodaya
- Dattka Chandrika
- Dayasangraha
Dayabhaga was written by Jimutvahana. According to Dr. Jolly, it is one of the most striking compositions in the whole department of Indians jurisprudence.
According to Mayne “Dayabhaga” was written in the 13th century.
Differences between mitakshara and dayabhaga schools.
Mitakshara
- Coparcenary is a birthright.
- Equal rights over the ancestral property of father,r, son etc.
- Father can’t sell ancestral property without the consent of son.
- Adults’ son can demand partition during his father’s lifetime.
- All the members of the joint family enjoy coparcenary rights during his father’s lifetime.
- Under Mitakshara school, property develops in two ways supervisorship, and succession.
- One cannot transfer his share to a third party.
Dayabhaga
- No birthright, coparcenary is effective after the father’s death.
- father remains the owner of the properties. After his death, the son, daughter, etc. can get ownership of the property.
- Father Can sell the ancestral property without the consent son
- An adult son can’t demand partition during his father’s lifetime.
- When the father is alive, the son does not have a coparcenary right but requires it on the death of the father.
- Under it, no living Hindu has got and their succession opens after his death. survivorship is not recognized.
- One can transfer his share.