Introduction:- Schools of Hindu law came into being when different comentaries Rutcheputty v. Rajendra, it was observed by the Privy Council that the different local customs prevailed in different provinces of India. The commentators of the Smritis could not ignore the local customs and usages and while interpreting the texts, they eventually incorporated different local customs. The local conditions and customs of the different provinces have, therefore, gone to mould the principles of law prevailing in each provinces.
appeared to interpret 'Smrits' with reference to different local customs in vogue in different parts of India. In
Schools of Hindu Law:- There are two schools of Hindu Law namely, Mitakshara and Dayabhaga. The Mitakshara is a running commentary on the code of Yajnavalkya and was written by Vjnaneswara in the later part of the eleventh century. The Dayabhaga is not a commentary on any one code, but purports to be the digest of all the codes. It was written by Jimutavahana, was about two centuries later than the Mitakshara.
The Mitakshara is of supreme authority throughout the territory of India except West Bengal and Assam, where the principle of Dayabhaga School prevails. The Mitakshara is still regarded as a very high authority on all questions in respect of which there is no conflict between it and the Dayabhaga. The Dayabhaga has permitted the women to let in the coparcenary whereas the Mitakshara has discarded this in very notion. The Dayabhaga is more dynamic and is definitely an improvement upon Mitakshara.
The Mitakshara school is sub-divided into five main schools. They are as under_
A. Benaras school
B. Mithila school
C. Dravida school or Madras school
D. Bombay or Maharashtra school
E. The Punjab school
The above mentioned schools have been discussed below-
A. Benaras School:- The Benaras school prevails in the whole of northern India including Orissa. The Lex Loci in the central provinces is follows the Benaras school principle.
The following commentaries are also held in high esteem in this school:-
1. Mitakshara,
2.Virmitroday,
3. Dattaka Mimansa,
4. Nirnaya Sindhu,
5. Vivada Tandava,
6. Subodhini,
7. Balam-Bhatti
The Mitakshara is of supreme authority throughout the territory of India except West Bengal and Assam, where the principle of Dayabhaga School prevails. The Mitakshara is still regarded as a very high authority on all questions in respect of which there is no conflict between it and the Dayabhaga. The Dayabhaga has permitted the women to let in the coparcenary whereas the Mitakshara has discarded this in very notion. The Dayabhaga is more dynamic and is definitely an improvement upon Mitakshara.
The Mitakshara school is sub-divided into five main schools. They are as under_
A. Benaras school
B. Mithila school
C. Dravida school or Madras school
D. Bombay or Maharashtra school
E. The Punjab school
The above mentioned schools have been discussed below-
A. Benaras School:- The Benaras school prevails in the whole of northern India including Orissa. The Lex Loci in the central provinces is follows the Benaras school principle.
The following commentaries are also held in high esteem in this school:-
1. Mitakshara,
2.Virmitroday,
3. Dattaka Mimansa,
4. Nirnaya Sindhu,
5. Vivada Tandava,
6. Subodhini,
7. Balam-Bhatti
B. Mithila school:- The Mithila school prevails in Tirhoot and North Bihar. The Mitakshara is the law of the school except in few matters. Thus the Privy Council held that the law of Mithila school is the law of Mitakshara school except in few matters in respect of which law of Mithila school has departed from the law of the Mitakshara.
The following are the authorities accepted in commentaries in this school-
1. Mitakshara
2. Vivada Ratnakar
3. Vivada Chintamani
4. Smriti Sara
5. Madana Parthiya
The following are the authorities accepted in commentaries in this school-
1. Mitakshara
2. Vivada Ratnakar
3. Vivada Chintamani
4. Smriti Sara
5. Madana Parthiya
C. Dravida or Madras School:- The whole of the Madras state is governed by the Madras School of Hindu Law. This school was once sub-divided into a Tamil, a Karnataka and an Andhra school for which, however, there was no justification.
The following authorities are accepted in this school -
1. Mitakshara
2. Smriti Chandrika
3. Parasara Madhav ya
4. Saraswati Vilasa
5. Viramitrodaya
6. Vyavahara Nirnaya
7. Duttaka Chandrika
8. Dayavibhaga
9. Vaijayanti
10. Madhabi
11. Nirnaya Sindhu
12. Narada Rajya
13. Vivada-Tandava
The following authorities are accepted in this school -
1. Mitakshara
2. Smriti Chandrika
3. Parasara Madhav ya
4. Saraswati Vilasa
5. Viramitrodaya
6. Vyavahara Nirnaya
7. Duttaka Chandrika
8. Dayavibhaga
9. Vaijayanti
10. Madhabi
11. Nirnaya Sindhu
12. Narada Rajya
13. Vivada-Tandava
D. Bombay or Maharashtra School:- The Bombay or Maharashtra School of Hindu Law prevails in almost whole of the state of Bombay including Gujrat, Kanara,and the part where the Marathi language is spoken as the local language.
The following works are treated an authoritative in this school :-
1. Mitakshara
2. Vyavahara Mayukha
3. Viramitrodaya
4. Nirnaya Sindhu
5. Parasara-Madhavya
6. Vivada-Tandava
The following works are treated an authoritative in this school :-
1. Mitakshara
2. Vyavahara Mayukha
3. Viramitrodaya
4. Nirnaya Sindhu
5. Parasara-Madhavya
6. Vivada-Tandava
E. Punjab School:- It prevails in the part if the country called the East Punjab. This school is governed by the customs.
The following are the authorities in this school-
1. Mitakshara
2. Viramitrodaya
3. Punjab Custom
The following are the authorities in this school-
1. Mitakshara
2. Viramitrodaya
3. Punjab Custom
Dayabhaga school of Hindu Law:-
The Dayabhaga school is the Supreme authority in Assam and West Bengal. The Dayabhaga school has permitted the women to be a coparcenary, this school is more dynamic than Mitakshara school.
The following authorities are accepted in this school-
1. Dayabhaga
2. Dayatatva
3. Daya-sangraha
4. Viramitrodaya
5. Duttaka-Chandrika
Dayabhaga was written by "Jimutavahana". According to Mayne, ' Dayabhaga was written in the 13th century'.
The Dayabhaga school is the Supreme authority in Assam and West Bengal. The Dayabhaga school has permitted the women to be a coparcenary, this school is more dynamic than Mitakshara school.
The following authorities are accepted in this school-
1. Dayabhaga
2. Dayatatva
3. Daya-sangraha
4. Viramitrodaya
5. Duttaka-Chandrika
Dayabhaga was written by "Jimutavahana". According to Mayne, ' Dayabhaga was written in the 13th century'.
Distinction between Mitakshara and Dayabhaga School:-
1. Mitakshara school prevails in all over india except Assam and West Bengal .
Whereas Dayabhaga School prevails in Assam and West Bengal.
2. Under the Mitakshara school the right to property of the coparcener arises by birth, thus son is a co-owner with the father in ancestral property.
Whereas under the Dayabhaga School the right to property arises after the death of the last owner. Hence two ancestral property during the lifetime of his father.
3. Under the Mitakshara school the father has the restricted power alienation if joint family property.
Whereas under Dayabhaga School the father has the absolute power to alienation of ancestral property.
4. Under Mitakshara, the son can ask for partition of the joint family property given against the father.
Whereas under Dayabhaga School the son can't demand for partition against the father.
5. Under Mitakshara the intrest of a member of joint family on his death pass to other members by survivorship.
Whereas but under Dayabhaga School the intrest of a member on his death passed by in inheritance.
6. Under Mitakshara school member of the joint family can't dispose their shares, while undivided.
Whereas under Dayabhaga School any member of joint family may sell or give away his shares even when undivided.
7. As regards inheritance Mitakshara is governed by rule of consanguinity (blood relationship).
Whereas under Dayabhaga School it is governed by the religious efficacy (offering of pindas).
8. Under Mitakshara school cognates (relation from mother side) are propound to agnate (relation from father side).
Whereas under Dayabhaga it was not so.
9. Mitakshara has recognized the doctrine of factum valet in limited extent.
But Dayabhaga has given full recognition to it.
Conclusion:- In conclusion we can say that there are two schools of Hindu Law. It plays a vital role in civil matters of Hindus. It is a personal law of Hindus. On migration the family continues to be governed by the law of locality of origin and the burden is heavy on the party alleging otherwise,it means if a family migrates from one state to another, it carries with it the customs regulating succession and family relation prevailing in the state from where it came.
Whereas Dayabhaga School prevails in Assam and West Bengal.
2. Under the Mitakshara school the right to property of the coparcener arises by birth, thus son is a co-owner with the father in ancestral property.
Whereas under the Dayabhaga School the right to property arises after the death of the last owner. Hence two ancestral property during the lifetime of his father.
3. Under the Mitakshara school the father has the restricted power alienation if joint family property.
Whereas under Dayabhaga School the father has the absolute power to alienation of ancestral property.
4. Under Mitakshara, the son can ask for partition of the joint family property given against the father.
Whereas under Dayabhaga School the son can't demand for partition against the father.
5. Under Mitakshara the intrest of a member of joint family on his death pass to other members by survivorship.
Whereas but under Dayabhaga School the intrest of a member on his death passed by in inheritance.
6. Under Mitakshara school member of the joint family can't dispose their shares, while undivided.
Whereas under Dayabhaga School any member of joint family may sell or give away his shares even when undivided.
7. As regards inheritance Mitakshara is governed by rule of consanguinity (blood relationship).
Whereas under Dayabhaga School it is governed by the religious efficacy (offering of pindas).
8. Under Mitakshara school cognates (relation from mother side) are propound to agnate (relation from father side).
Whereas under Dayabhaga it was not so.
9. Mitakshara has recognized the doctrine of factum valet in limited extent.
But Dayabhaga has given full recognition to it.
Conclusion:- In conclusion we can say that there are two schools of Hindu Law. It plays a vital role in civil matters of Hindus. It is a personal law of Hindus. On migration the family continues to be governed by the law of locality of origin and the burden is heavy on the party alleging otherwise,it means if a family migrates from one state to another, it carries with it the customs regulating succession and family relation prevailing in the state from where it came.
No comments:
Post a Comment