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Hindu Law is a complex and ancient legal system that has evolved over centuries. It is not a codified system but rather a collection of principles, rules, and customs derived from various sources, including religious texts, commentaries, and judicial decisions. One of the key features of Hindu Law is the existence of different schools of thought, each with its own interpretations and applications of legal principles.
In Rutcheputty v. Rajendra (1839PC), it has been observed that the different schools of Hindu Law have originated due to different local customs prevailing in different provinces of the country.
MITAKSHARA SCHOOL
DAYABHAGA SCHOOL
BENARAS SCHOOL
MITHILA SCOOL
MADRAS /DRAVIDIAN SCHOOL
MAHARASTHRA /BOMBAY SCHOOL
This is the most prevalent school, followed in most parts of India. It is based on the commentary of Vijnanesvara on the Yajnavalkya Smriti, a revered ancient legal text. The provisions of this School are applicable throughout India except in the State of Bengal and Assam. The Mitakshara school emphasizes the principle of propinquity (nearness in blood relation) in matters of inheritance. The Mitakshara school further divides into four sub-schools:
• Banaras School: Prevalent in most of North India, it relies on the Viramitrodaya and Nirnaya Sindhu as authoritative texts.
• Mithila School: Followed in parts of Bihar, it emphasizes the Vivada Chintamani and Vivada Ratnakara.
• Bombay School: Prevalent in Maharashtra and Gujarat, it gives importance to the Vyavahar Mayukha, Viramitrodaya, and Nirnaya Sindhu.
• Madras School: Followed in South India, it primarily relies on the Smriti Chandrika.
This school is primarily followed in Bengal and Assam. It is based on the work of Jimutavahana and emphasizes the principle of spiritual/religious efficacy in matters of inheritance. The Yagnavalkya Smriti and some other Smritis are commented on by Jimutavahana under the title Dayabhaga. It exists in Bengal and Assam only. It has no sub-school.
The existence of different schools of Hindu Law reflects the diversity and regional variations within the broader Hindu tradition. These schools have played a crucial role in shaping legal and social practices in different parts of India. While the Hindu Succession Act, 1956, has brought some uniformity to the law of inheritance, the principles and interpretations developed by these schools continue to influence legal discourse and judicial decisions.
In the codified area of Hindu Law, there is no scope for existence of Schools as the codified Hindu Law lays down uniform law for all Hindus. The Schools of Hindu Law have relevance only in respect of the uncodified areas of Hindu Law.
| S.NO. | BASIS | MITAKSHARA SCHOOL | DAYABHAGA SCHOOL |
|---|---|---|---|
| 1 | Concept of Property | Emphasizes joint family property and coparcenary. | Emphasizes individual ownership. |
| Property is collectively owned, and members have a birthright to the property | Property is held by individuals, and inheritance occurs through succession rather than survivorship. | ||
| The father does not possess the absolute right to alienate the property. | The father has the absolute right of alienation of the ancestral property as he is the sole owner of that property during his lifetime. | ||
| 2 | Inheritance and Succession | Governed by survivorship | Governed by inheritance through succession; allows for testamentary disposition of property. |
| The rule of blood relationship or consanguinity is followed in case of inheritance. | Inheritance is governed by the rule of the offering of pinda. | ||
| Women traditionally excluded from inheritance. | Women have historically had more inheritance rights under this school | ||
| 3 | Right by Birth | Recognizes the right by birth, where male descendants acquire interest in property upon birth. | Does not recognize the right by birth; interest in property is acquired only upon the death of the property holder. |
| 4 | Partition | Allows for partition by demand of any coparcener, with equal distribution of property. | Partition is less emphasized, as property is individually owned and can be disposed of through wills. |
The schools of Hindu Law are a testament to the rich and complex legal heritage of India. Understanding these schools is essential for appreciating the nuances of Hindu Law and its historical development. While the modern legal framework has brought about significant changes, the legacy of these schools continues to shape legal and social practices in India today.
