Schools Of Hindu law | Mitakshara and Dayabagha school and their differences

Schools of Hindu Law: An Overview

Hindu law, one of the most ancient legal systems in the world, has evolved over thousands of years, deeply rooted in religious texts, customs, and traditions. As time progressed, Hindu law branched into distinct schools, each interpreting foundational texts differently based on regional and cultural contexts. These schools are broadly categorized into two main divisions: the Mitakshara School and the Dayabhaga School.

This blog explores these schools, their origins, and their key differences to provide a comprehensive understanding of their significance in the legal framework governing Hindu personal laws.

Origins and Foundations:

The basis of Hindu law lies in the Dharmashastras, particularly the Manusmriti, Yajnavalkya Smriti, and other ancient texts, which provided guidelines for human conduct, societal norms, and dispute resolution. Different points of view emerged as a result of how these texts were interpreted over time. These were influenced by the scholastic and intellectual traditions of various Indian regions in addition to regional customs.
The two main schools of Hindu law, the Mitakshara School and the Dayabhaga School, both had a significant influence on the development of personal laws pertaining to marriage, property, inheritance, and family issues.

The Mitakshara School of Hindu Law:

The Mitakshara School is one of the two principal schools of Hindu law, the other being the Dayabhaga School. This school examines the precepts outlined in the Yajnavalkya Smriti and has its roots in the Mitakshara, a renowned commentary published by Vijnaneshwara in the eleventh century. It has a broad impact on the majority of India, influencing Hindu personal rules pertaining to inheritance, property, and family dynamics.

"Mitakshara" is a Sanskrit word that means "a brief compendium." The Mitakshara, a thorough explanation of Hindu legal principles by Vijnaneshwara, rose to fame because of its depth, clarity, and rational approach to interpreting ancient texts.
The joint family system and the idea of coparcenary—in which male family members are born with rights to ancestral property—are the main focusses of the Mitakshara School. This school has a traditional mindset, prioritising family responsibilities and group ownership over individual ownership.

With the exception of Bengal and Assam, where the Dayabhaga School is dominant, Mitakshara school serves as the cornerstone of Hindu law in the majority of India. Even though it included gender equality changes, it also had a significant impact on later legislative developments in Hindu personal law, such as the Hindu Succession Act of 1956.

Features of the Mitakshara School

1. Coparcenary Rights by Birth

Male members of a Hindu joint family are automatically coparceners from birth, according to the Mitakshara School. This implies that, in the event of the property holder's death, they will have a direct claim to the ancestral property without requiring a transfer or inheritance.

2. Joint Family System

The school supports the idea of a Hindu joint family, in which the family owns the land jointly and makes decisions about how to administer it. The karta, or head of the family, is in charge of maintaining the property and making sure it is used properly.

3. Ancestral and Self-Acquired Property

o Property under the Mitakshara School is classified into two categories:

§ Ancestral Property: Held jointly by the family and inherited by birth.

§ Self-Acquired Property: Acquired individually and subject to personal disposal.

4. Survivorship Rule

The rule of survivorship divides the coparcener's portion of the ancestral property among the surviving coparceners in the event of his death rather than passing down through succession.

5. Limited Rights of Women

In the Mitakshara system, women were traditionally not allowed to be coparceners. They were not born with property; they could only inherit it as heirs. But because to legislative reforms like the Hindu Succession (Amendment) Act, 2005, which gives daughters equal coparcenary rights, this restriction has been lifted.

6. Geographical Influence

Most Indian states, including Uttar Pradesh, Madhya Pradesh, Rajasthan, Punjab, Gujarat, Maharashtra, and southern states like Tamil Nadu, Andhra Pradesh, and Karnataka, have personal laws governed by the Mitakshara School.

Sub-Schools of the Mitakshara School

The Mitakshara School is further divided into four sub-schools, each reflecting regional interpretations and customs. While the core principles remain consistent, there are slight variations in how certain aspects of law are applied:

1. Dravida School (Southern India)

o Prevalent in Tamil Nadu, Andhra Pradesh, and Karnataka, the Dravida School incorporates customs and traditions unique to South India. It retains the essence of Mitakshara law while accommodating local practices.

2. Maharashtra School (Western India)

o This sub-school is followed in Maharashtra and parts of Gujarat. It is known for its distinctive interpretations of inheritance laws, especially concerning the rights of widows and daughters in property matters.

3. Banaras School (Northern India)

o Practiced in Uttar Pradesh, Bihar, and parts of Madhya Pradesh, the Banaras School emphasizes strict adherence to textual interpretations of the Mitakshara. Its approach to property division and inheritance follows conservative lines.

4. Mithila School (Eastern India)

o This sub-school is prevalent in Bihar and parts of Odisha. The Mithila School introduces unique practices related to marriage, inheritance, and property distribution, blending Mitakshara principles with local customs.

The Dayabhaga School of Hindu Law:

The second major school of Hindu law, the Dayabhaga School, is mostly practiced in Bengal and Assam. It differs significantly from the Mitakshara School, especially in how it views joint families, inheritance, and property ownership. In contrast to the Mitakshara School's emphasis on collective property ownership, the Dayabhaga School emphasises individual property ownership.

This school, which has its roots in Jimutavahana's legal commentary Dayabhaga, is a more contemporary interpretation of old Hindu texts that emphasises the heirs' spiritual and ritualistic responsibilities, especially when it comes to providing pindas (ancestral rites).

During the Middle Ages, the Dayabhaga School became well-known in Bengal and Assam for its unique interpretation of Hindu law. The term "Dayabhaga" means "division of property," indicating that it emphasises precise guidelines for succession and property ownership.

Although Jimutavahana's Dayabhaga mostly translates the Yajnavalkya Smriti, it differs significantly from the Mitakshara commentary in a few important ways. This school opposes the idea of coparcenary by birth and supports the idea that property rights should only exist once the owner passes away. As opposed to the Mitakshara School's traditional joint family arrangement, this approach reflects a more individualistic and progressive legal framework.

Even after Hindu personal rules were codified in contemporary legislation, the Dayabhaga School's ideas still have an impact on Bengali and Assamese legal systems, especially when it comes to inheritance.

Features of the Dayabhaga School

1. Property Ownership by Succession

The Dayabhaga School rejects the idea of coparcenary by birth, in contrast to the Mitakshara School. Rather, ownership only occurs when the property holder passes away; property rights are obtained through succession.

2. Individual Ownership

Under the joint family structure, the Dayabhaga School encourages individual property ownership as opposed to common ownership. This gives people more freedom to control how they use and dispose of their possessions.

3. Focus on Spiritual Benefits

The Dayabhaga School's inheritance laws are heavily impacted by the practice of carrying out ancestral ceremonies, such as shraddha and pindas. The ability to perform these rites determines the major heir, resulting in distinct inheritance patterns.

4. Inheritance by Both Sons and Daughters

Compared to the Mitakshara School, the Dayabhaga School gives women's inheritance rights more recognition. For example, under this system, mothers, daughters, and widows have stronger property interests.

5. Equality Among Sons

Every son is treated equally in the Dayabhaga School. Following the father's passing, property is distributed equally among the sons, with no distinction made between the eldest and younger.

6. Limited Role of the Joint Family System

The Dayabhaga School admits that joint family structures do exist, but it severely restricts their use. Family members are free to divide up their property and handle it on their own without permission from others.

7. Geographical Influence

o The Dayabhaga School is predominantly followed in Bengal and Assam. Its principles reflect the socio-cultural ethos of these regions, which emphasize individual rights and responsibilities.

The Dayabhaga School lacks clearly defined sub-schools, in contrast to the Mitakshara School. This is mainly because its principles are executed consistently and with little change, and it is regionally concentrated in Bengal and Assam. However, especially in rural places, certain implementations of Dayabhaga law may be influenced by little regional norms and practices.

For example:

In some areas of Bengal, unique customs related to inheritance and property management may supplement Dayabhaga principles.
Similarly, local traditions in Assam may influence the way property is divided or the rights of women are recognized.

While these variations exist, they are not formally categorized into distinct sub-schools, as seen in the Mitakshara system.

Differences Between Mitakshara and Dayabhaga Schools of Hindu Law

Aspect	Mitakshara School	Dayabhaga School
Basis of Property Rights	Property rights are acquired by birth (coparcenary).	Property rights are acquired only after the death of the owner (succession).
Joint Family System	Strongly emphasizes the joint family system, where property is collectively owned.	Recognizes the joint family system but prioritizes individual ownership.
Inheritance Rule	Governed by the rule of survivorship for ancestral property.	Governed by succession for all types of property.
Women's Rights	Traditionally, women were excluded from coparcenary (changed by the 2005 amendment).	Women have greater inheritance rights, including widows and daughters.
Partition	Partition can occur during the father’s lifetime on demand.	Partition happens only after the father’s death.
Spiritual Obligations	Minimal role in determining inheritance.	Heirs are prioritized based on their ability to perform ancestral rites (pindas).
Geographical Scope	Followed in most of India (north, west, and south).	Limited to Bengal and Assam.
Equality Among Sons	Sons inherit unequal shares due to fluctuating coparcenary shares.	Sons inherit equal shares upon the father’s death.
Classification of Property	Distinguishes between ancestral property (jointly owned) and self-acquired property.	Makes no major distinction; all property is inherited upon death.
Progressiveness	Traditional and collective, focusing on family unity.	Relatively modern, emphasizing individual rights and gender inclusivity.

Understand Schools of Hindu Law: Mitakshara and Dayabhaga