2. Commentaries are basically explanation of Smritis.
When a commentary is based on multiple smritis, it is called
Nibandas (Digests)
Main Smritis:
• Code of Manu (Between 200 B.C-200 A.D)
• Code of Yajnavalkya (4th century A.D)
• Code of Narada ( 6th century A.D)
3. Major commentaries
i. Mitakshara
Author
• Vijnaneshwara
Based on
• Code of Yajnavalkya
ii. Dayabhaga
Author
• Jimutabahana
Based on
• A digest of Code of Manu,
Yajnavalkya, Narada and others
4. • What is school of Hindu Law?
Schools in Hindu Law means some basic ideologies based on commentaries.
Main schools of Hindu Law are
1. The Mitakshara school
2. The Dayabhaga school
By their names we already get the idea that The Mitakshara school is based
on the commentary Mitakshara by Vijnaneshwara and The Dayabhaga
school is based on the commentary of Dayabhaga by Jimutabahana.
5. Sub-schools of the main schools
The Mitakshara school has 5 sub-
schools. Which are:
1. The Benaras school
2. The Mithila school
3. The Dravida/Madras school
4. The Maharashtra/Bombay school
5 . The Panjab school.
The Dayabhaga school has no sub-
schools
6. Differences between Mitakshara and
Dayabhaga schools
Mitakshara
• Joint Family Property: A child gets
the right to acquire his father`s
property from the day he is born. He
can also claim his property against his
father.
• Rules of inheritance: The heir is
decided on the basis of blood relation.
Dayabhaga
• Joint Family Property: The child
gets the right to acquire his property
only after his father`s death and he
cannot claim his share of property
before his father dies.
• Rules of inheritance: The heir is
decided on the basis of Offering of
Pinda.
7. .
• Property Acquisition: In
Mitakshara, The child gets the right
to acquire his father`s property
from the day he is born. He can
also claim his share of property
against his father.
• Transfer of property: In
Mitakshara school the Karta (Head
of the family) possesses a restricted
right on transferring joint family
properties and no member can
dispose his undivided share.
• Property Acquisition: In
Dayabhaga, the child gets the right
to acquire his father`s property only
after his father`s death. Before that,
the son cannot claim his share of
property.
• Transfer of property: In
Dayabhaga school, any member of
a joint family (Including the Karta)
can transfer his share of property
to whoever they want.
