Introduction
Different interpretations of ancient Hindu texts led to the development of schools of Hindu law. These schools emerged because scholars in different regions wrote commentaries explaining the Shruti and Smriti texts in different ways.
As a result, certain legal principles, especially those relating to inheritance and joint family property, developed differently across regions of India.
Meaning / Definition
A school of Hindu law refers to a set of legal principles derived from particular interpretations of Hindu religious texts.
These interpretations were developed through commentaries and digests written by scholars. Because these writings differed from region to region, different schools of law emerged.
Traditionally, Hindu law recognised two major schools:
- Mitakshara School
- Dayabhaga School
These schools mainly differed in their rules relating to inheritance and joint family property.
Modes or Types
Mitakshara School
The Mitakshara School is the most widely followed school of Hindu law in India. It is based on a commentary written by Vijnaneshwara on the Yajnavalkya Smriti.
Historically, this school applied throughout India except Bengal and Assam.
The main principles of this school include:
- Right in ancestral property arises by birth.
- A son becomes a coparcener (joint owner in family property) immediately after birth.
- Property in the joint family is generally owned collectively by male members.
- The property passes through survivorship (transfer to surviving family members).
Sub-schools of Mitakshara
Although the basic principles are the same, regional variations developed within the Mitakshara school.
The main sub-schools are:
Benaras School
- Applied in Northern India and parts of Odisha.
- Important texts include Viramitrodaya and Nirnaya Sindhu.
Mithila School
- Applied in the Tirhut region and North Bihar.
- Important texts include Vivadaratnakar and Vivadachintamani.
Maharashtra (Bombay) School
- Applied in Maharashtra, Gujarat, and nearby regions.
- Important text includes Vyavahara Mayukha.
Dravida or Madras School
- Applied in Southern India.
- Important texts include Smriti Chandrika and Vaijayanti.
Punjab School
- Applied in parts of Punjab.
- Local customs played a significant role in shaping the rules.
Dayabhaga School
The Dayabhaga School mainly prevailed in Bengal and Assam. It is based on the legal digest written by Jimutavahana.
This school introduced different principles for inheritance and joint family property.
The main principles include:
- Rights in property arise only after the death of the father.
- Sons do not acquire rights in ancestral property by birth.
- Property devolves through inheritance rather than survivorship.
- Each heir receives a defined share of the property.
- A widow can inherit her husband’s share if there are no male heirs.
- Members can transfer their individual share of property.
The Dayabhaga system therefore gives greater importance to individual ownership of property.
Distinction / Comparison
| Basis | Mitakshara School | Dayabhaga School |
|---|---|---|
| Origin | Commentary by Vijnaneshwara on Yajnavalkya Smriti | Digest written by Jimutavahana |
| Region | Applied in most parts of India | Applied mainly in Bengal and Assam |
| Right in property | Right arises by birth | Right arises after father's death |
| Coparcenary (joint ownership) | Son becomes coparcener by birth | Coparcenary arises only after death of father |
| Nature of ownership | Joint ownership without fixed shares | Each heir has a definite share |
| Transfer of share | Member generally cannot transfer share | Member can transfer his share |
| Role of widow | Widow generally had limited rights | Widow can inherit husband's share |
Most differences relating to inheritance have been reduced after the Hindu Succession Act, 1956, but the concepts remain important for understanding traditional Hindu law.
Practical Example
Under the Mitakshara system, if a son is born in a Hindu joint family, he immediately gets a right in ancestral property along with his father.
Under the Dayabhaga system, the son does not get any right in the property during the father's lifetime. The property is inherited only after the father's death.
Summary
- Schools of Hindu law developed due to different interpretations of Hindu texts.
- The two main schools are Mitakshara and Dayabhaga.
- The Mitakshara school applies in most parts of India and recognises right in property by birth.
- The Dayabhaga school developed in Bengal and Assam and recognises inheritance after the father's death.
- The schools differ mainly in rules relating to coparcenary and inheritance.
- Many traditional differences were reduced after the Hindu Succession Act, 1956.