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What are the 2 schools of Hindu law?

Author

Sophia Bowman

Updated on March 19, 2026

What are the 2 schools of Hindu law?

Schools of Hindu law are commentaries and the digestives of the smritis. These schools have widened the scope of Hindu law and explicitly contributed to its development. Mitakshara and Dayabhaga are the two important schools of Hindu Law which have given us the required information about the present legislated laws.

Thereof, what are the main schools of Hindu Law?

Two principal Schools—Mitakshara and Dayabhaga: The two main schools of Hindu Law are theâ€Mitakshara†and the `Dayabhaga'. These two schools of Hindu Law are marked by a vital difference of opinion and interpretations of the Smritis.

Likewise, what are the sources and schools of Hindu Law? The Dayabhaga and Mitakshara are the two major schools of Hindu law. The Dayabhaga school of law is based on the commentaries of Jimutvahana (author of Dayabhaga which is the digest of all Codes) and the Mitakshara is based on the commentaries written by Vijnaneswar on the Code of Yajnavalkya.

Regarding this, what are the different types of schools of Hindu Law?

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 Yajnavalkya (Yajnavalkya Smriti).

What is the difference between Dayabhaga and Mitakshara school?

Under Mitakshara school right to ancestral property arises by birth. While in Dayabhaga school the right to ancestral property is only given after the death of the last owner. It does not recognise the birth right of any individual over an ancestral property.

Is Lex loci A Hindu law?

Hindu law is a personal law. It is not lex loci it means law of the land. The laws which are applicable in a territory to all persons irrespective of their caste creed or race and religion are lex loci.

Who is a Hindu and to whom Hindu law applies?

(I) Follower of Hinduism: The Hindu law applies to the person who is a follower of the Hindu religion. This includes the followers of Virashaiva, Lingayat, Brahmo, Prarthana or Arya Samaj. Apart from these it also applies to the persons who are the followers of Buddhism, Jainism or Sikhism.

What is a Coparcener?

Under the Hindu Law, the coparcener is a term to indicate those male members of a Hindu family who have an undivided interest over the ancestral property by birth. After the 2005 amendment of the Hindu Succession Law, a daughter of the family is also considered a coparcener.

What is marriage under Hindu?

Hindu marriage is “a religious sacrament in which a man and a woman are bound in a permanent relationship for the physical, social and spiritual need of dharma, procreation and sexual pleasure.†It is a religious and holy union of the bride and groom which is necessary to be performed by religious ceremonies and rites.

What are the rules of Hinduism called?

The concept of Dharma includes Hindu law. In ancient texts of Hinduism, the concept of dharma incorporates the principles of law, order, harmony, and truth. It is explained as the necessary law of life and equated to satya (Sanskrit: सतà¥à¤¯à¤‚, truth), in hymn 1.4.

What is Mitakshara law?

In Mitakshara law, on the death of a coparcener, his interest became merged with that of the surviving coparceners. It said that when a male Hindu died after the Act came into force, his interest in a Mitakshara coparcenary shall go to the surviving members of the coparcenary and not in accordance with the Act.

Who can adopt under Hindu law?

Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband.

What is Apratibandha Daya?

Apratibandha Daya (unobstructed heritage) property inherit from direct male ancestor but not exceeding three degree who is higher than him. Under the concept heritage is devolved by survivorship. The property is called unobstructed because the accrual of the right to it is not obstructed by the existence of the owner.

Who is Hindu in family law?

When one of the parents of a child is Hindu and he/she is brought up as a member of the Hindu family, he/she is a Hindu. If a child is born from a Hindu mother and a Muslim father and he/she is brought up as a Hindu then he/she can be considered as a Hindu.

Can the female members of the family claim partition?

Other female members, who come into the family by virtue of marriage, are still treated as members only. Thus, they are not entitled to ask for the partition but are entitled for maintenance and shares as and when partition takes place.

Who can be a Karta of joint Hindu family?

In a family consisting of the father and his children, father is the Karta when he dies his eldest son becomes the Karta. Thus in a joint family consisting of brothers the eldest brother is the Karta. It is open to the senior member to give up his right of Management. Then one junior to him can become the Karta.

What are the essential conditions for Hindu marriage?

Thus, in order to constitute a valid Hindu marriage under Hindu law, parties to marriage should be monogamous, should have sound mind, should be major by age and should be beyond prohibited degree. A marriage fulfilling these conditions is considered to be valid and have effect under the Hindu Marriage Act, 1955.

What is self acquired property?

Self acquired property is the property that you have purchased from your own income. As far as your self acquired property is concerned, you are free to dispose of it in any manner you like.

What is joint family property?

Whenever the head male member of a family purchases a property with the use of money which he got by selling something which is jointly owned by every coparcener then that purchased property becomes joint family property. It will be classified as to be owned by the joint family.

What is the effect of conversion on a Hindu under the modern Hindu law?

In Hindu law a person who converts to another religion from Hinduism could not inherit from the Hindu relation. His/ her right of inheritance comes to end on conversion. Similarly, under Muslim law a convert from Islam to some other religion is prohibited from inheriting the property.

What is custom under Hindu law?

Under the codified Hindu Law, the expressions “custom†and “usage†are defined to signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus 'in any local area, tribe, community, group or family.

What are the three categories of Hindu law?

Hindu law can be divided into three categories: The Classical Hindu Law; the Anglo Hindu Law and Modern Hindu Law.

How many sources of Hindu law are there?

So according to the traditional source of Hindu law, there are 4 sources of Hindu law, which are as follows: Shruti (Vedas) Smrities. Digest and commentaries.

Who comes under Mitakshara?

Coparcenary of Mitakshara School

It consist of the father and next three male lineal ascendants i.e., son, son's sons, son's son's son. In this case share of the property is divided between A, B, C and D. All coparcener's get equal share i.e., one-fourth (1/4) and is not a coparcener.

Who is the founder of Dayabhaga school?

Jimutvahana

What is Dayabhaga school of Hindu law?

The DÄyabhÄga is a Hindu law treatise written by JÄ«mÅ«tavÄhana which primarily focuses on inheritance procedure. The DÄyabhÄga does not give the sons a right to their father's ancestral property until after his death, unlike MitÄká¹£arÄ, which gives the sons the right to ancestral property upon their birth.

Does Dayabhaga and Mitakshara still exist?

A. Yes, it exists. A. I think you are aware that Mitakshara School is applicable to whole of India except Bengal and Assam where the Dayabhaga school is applicable.

What is Mitakshara joint family?

A Joint Hindu family according to the Mitakshara Law consists of a male member of a family with his sons, grandsons and great-grandsons according to Hindu Law. They collectively constitute a coparcenary of a Hindu Family. They are different from members who are not coparceners as we have seen earlier.

In which of the following states Dayabhaga school of Hindu law is applicable?

The Dayabhaga and The Mitakshara are the two schools of lawthat govern the law of succession of the Hindu Undivided Family under Indian Law. The Dayabhaga School of law is observed in Bengal and Assam.

Why the Mitakshara is important for us?

The importance of the Mitakshara therefore is that it teaches us to have respect for intellect and learning wherever it may come from.

What is doctrine of survivorship?

Doctrine of survivorship: the property after the death of the common ancestor devolves by the survivor. The sons of the family have a birth right in the property by virtue of the following two rules: Females will not inherit. Agnates to be preferred over cognates.

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