Hindu

4. Schools
School means rules and principles of Hindu Law which are divided
into opinion. It is not codified. There are two Schools of Hindu
Law-
(a) Mitakshara
(b) Dayabhaga.
Mitakshara School prevails throughout India except in Bengal. It is
a running commentary on the code of Yagnavalkya. Mitakshara is an
orthodox School whereas the Dayabhaga is Reformist School.
The Mitakshara and Dayabhaga Schools differed on important
issues as regards the rules of inheritance. However, this branch of the
law is now codified by the Hindu Succession Act, 1956, which has
dissolved the differences between the two. Today, the main
difference between them is on joint family system.

5. Mitakshara & Dayabhaga
 Mitakshara- Rights in the joint family property is
acquired by birth, and as a rule, females have no right of
succession to the family property. The right to property
passes by survivorship to the other male members of the
family.
 Dayabhaga- Rights in the joint family property are
acquired by inheritance or by will, and the share of a
deceased male member goes to his widow in default of a
closed heir.

6. Differences between the two Schools in Coparcenary-
Mitakshara Dayabhaga
i) Right of a son by birth in the ancestral
property equal to the interest of his father.
i) A son is entitled to his ancestral property
only on the death of his father. The father
is the absolute owner of his property in his
lifetime.

7. son by
birth
ancestral equal
son is entitled
death of his
father
The father is
the absolute
owner

8. ii) A son becomes
Coparcener Right after his
birth. His right is applicable to
the property of his grandfather
and grand-grandfather.
ii) A son becomes coparcener
by death of his father. This
right is not available within
the property of his father,
grandfather or grand-
grandfather.

9. son
becomes
coparcener
property
grandfather
and grand-
grandfather.
son
coparcener by
death of his
father.
property of his
father,
grandfather or
grand-grandfather

10. Mitakshara Dayabhaga
iii) Everyone is entitled to
the property as a unit.
Their shares are not
defined. They have only
the commodity of
ownership. There is joint-
tenancy
iii) Everyone’s share is
defined. There is tenancy-
in-common.

11. • property as a unit
• shares are not
defined
Everyone
is entitled
• property as a unit
• shares are defined
Everyone
is entitled

12. v) The joint-property
will be partitioned as it
was in case of the
father.
v) As the shares are
defined, one can easily
partition with his share

13. The joint-
property
will be
partitioned
as it was
in case of
the father
As the shares
defined
easily partition

14. iv) One cannot
transfer his share
to the third party.
iv) One can
transfer his
share.

15. One cannot
transfer his
share to the
third party.
One can
transfer his
share to the
third party.

16. Effect of migration
A person follows the school of his area. But if he migrates to another place,
he will follow the School of that locality. This has been decided in various
cases-
 Gope v. Manjura Govalin- The burden of proving migration lies on him
who pleads it. The original place of a family can be inferred from the chief
characteristics of that family.
 Keshavarao v. Swadeshrao - Migration means leaving to another place
forever. But if a place is divided into two administrative area, that will not
be regarded as migration.
 Moolchand v. Mrs. Amrita Bai- A person migrates will all of his personal
laws. Personal law unlike local law moves with whom he covers.
 Notraz v. Subba Raya- A person can be given an option to give up the law
of the old place and adopt the new one.

17. Mitakshara Schools
1. The Banaras School
2. The Mithila School
3. The Dravid and Madras School
4. The Bombay School
5. The Punjab School

18. The Banaras School
Sub Schools
1. Virmitrodaya
2. Dattaka Mimansa
3. Nimaya Sindhu
4. Vivada-Tandava
5. Balambhatti, and
6. Subodhini

19. The Mithila School
Sub Schools
1. Vivad Ratrakar,
2. Vivad Chintamani
3. Smriti-sara or Smriti Tattvasara
4. Madan Parijata.

20. The Dravid and Madras School
Sub Schools
1. Smriti Chandrika,
2. Parasara Madhavya,
3. Saras wati Vilas,
4. Virmitrodaya,
5. Vyavhara Nirnaya,
6. Dattaka Chandrika,
7. Dayavibhag,
8. Kesava Vaijayanti,
9. Madhavi,
10. Nimaya Sindhu,
11. Narada Rajya,
12. Vivada Tandava.

21. The Bombay School
Sub Schools
1. Virmitrodaya,
2. Nirnayasindhu,
3. Parasara Madhavya,
4. Vivada Tandava.

22. The Punjab School
Sub Schools
1. Mitakshara,
2. Virmitrodaya and
3. Punjab customs.

23. DAYABHAGA SCHOOL OF THOUGHT
 It exists in Bengal and Assam only. The Yagna Valkya smriti is commented
on by Jimootavagana under the title Dayabhaga. It has no sub-school. it
differs from Mistakshara School in many respects. Dayabhaga School is
commented by Jimutuvahana, Inheritance is based on the principle of
spiritual benefit. It arises by pinda offering i.e. rice ball offering to
deceased ancestors. This school is followed in Bengal state only. Sapinda
relation is by pinda offerings. The right to Hindu joint family property is not
by birth but only on the death of the father. The system of devolution of
property is by inheritance. The legal heirs (sons) have definite shares after
the death of the father. Each brother has ownership over a definite fraction
of the joint family property and so can transfer his share. The widow has a
right to succeed to husband’s share and enforce partition if there are no male
descendants. On the death of the husband the widow becomes a coparcener
with other brothers of the husband. She can enforce partition of her share.