Introduction

The Hindu Undivided Family (HUF) is governed by traditional schools of Hindu law. These schools developed different rules relating to family property, inheritance, and coparcenary rights.

The two principal schools are the Dayabhaga School and the Mitakshara School. While both recognise the concept of a joint Hindu family, they differ in the way property rights arise and how inheritance takes place.

Meaning / Definition

The schools of Hindu law are legal traditions that explain how family property and inheritance are governed within a Hindu Undivided Family.

The two main schools are:

• Mitakshara School – followed in most parts of India.
• Dayabhaga School – mainly followed in Bengal and Assam.

These schools differ mainly on when a family member gets a right in ancestral property and how property is divided within the family.

Modes or Types

Dayabhaga School

The Dayabhaga School mainly developed in the regions of Bengal and Assam.

Under this system, a son does not get a right in the family property by birth. His rights arise only after the death of the father.

Key features of the Dayabhaga School include:

• A Hindu Undivided Family does not arise automatically by birth.
• Property rights arise after the father's death.
• Sons inherit property as heirs (persons legally entitled to inherit) and not through survivorship.
• The father has full control over the property during his lifetime.
• The father can sell, gift, or transfer property freely, just like his separate property.
• Sons cannot demand partition (division of property) during the father’s lifetime.
• When inheritance occurs, each heir receives a definite and fixed share.

Since sons do not have a right by birth, a strict coparcenary between father and son generally does not exist during the father’s lifetime.

Mitakshara School

The Mitakshara School is followed in most parts of India except Bengal and Assam.

Under this system, a child gets a right in the ancestral property by birth. After the Hindu Succession (Amendment) Act, 2005, daughters also have the same coparcenary rights as sons.

Key features of the Mitakshara School include:

• A Hindu Undivided Family comes into existence automatically by birth in a Hindu family.
• Children obtain coparcenary rights (legal rights in ancestral property) by birth.
• A coparcener can demand partition of the property.
• Property is owned jointly by all coparceners.
• The share of a coparcener changes with births and deaths in the family.
• On the death of a coparcener, his interest generally passes to surviving coparceners through survivorship (transfer of property to remaining members of the joint family).

Under the Mitakshara system, the concept of coparcenary (group of family members with a birthright in property) forms the core of the joint family property system.

Sub-Schools of Mitakshara

The Mitakshara School is further divided into regional branches:

• Dravidian School – followed in South India
• Bombay or Maharashtra School – followed in Maharashtra and nearby regions
• Banaras School – followed in parts of North India including Bihar and Odisha
• Mithila School – followed in parts of Uttar Pradesh and neighbouring regions

These sub-schools have minor regional differences but follow the main Mitakshara principles.

Important Case Law

Attorney General of Ceylon v. Arunachalam Chettiar

In this case, the court dealt with a Mitakshara joint family consisting of a father and son. After the son’s death, the father became the sole surviving coparcener while several female members remained in the family.

The court held that the widows in the family had the power to introduce new coparceners through adoption, showing how the structure of a joint family can continue even after the death of a coparcener.

Board of Revenue v. Muthu Kumar

The court observed that when a son inherits the separate property of his father under Section 8 of the Hindu Succession Act, 1956, the property becomes his separate property and not joint family property.

This judgment clarified how inheritance works under modern Hindu succession law.

Distinction / Comparison

Practical Example

Suppose a father owns ancestral family property.

• Under the Mitakshara system, his children already have a legal interest in that property from birth. They can later demand a share through partition.
• Under the Dayabhaga system, the children do not have any right in the property during the father’s lifetime. They receive their shares only after the father’s death as legal heirs.

Summary

• Hindu law recognises two main schools governing the Hindu Undivided Family: Mitakshara and Dayabhaga.
• The Mitakshara School is followed in most parts of India and gives property rights to children by birth.
• The Dayabhaga School is followed mainly in Bengal and Assam and gives property rights only after the father’s death.
• The main difference lies in the concept of coparcenary and the timing of property rights.
• These schools form the foundation for understanding joint family property and inheritance in Hindu law.