The Mitakshara School

Historical Background

The Mitakshara school derives its name from the commentary Mitakshara, written by the scholar Vijnaneshwara in the 11th century. The commentary is a comprehensive analysis of the Yajnavalkya Smriti, a primary text in Hindu jurisprudence. Vijnaneshwara's Mitakshara is considered one of the most authoritative legal texts in Hindu Law, and it forms the basis of law in several parts of India, including northern, western, and southern regions.

The Mitakshara school is known for its meticulous interpretation of the Smritis, incorporating philosophical and ethical considerations into legal discourse. It provides detailed rules on various aspects of law, including inheritance, succession, partition, and joint family systems.

Core Principles and Interpretations

1. Joint Family System and Coparcenary :

The Mitakshara school is characterized by its emphasis on the joint family system, where property is held collectively by the family. The concept of coparcenary is central to this system, where male members of the family have a birthright to the ancestral property. The coparceners, including sons, grandsons, and great-grandsons, hold the property jointly and can claim partition.

2. Inheritance and Succession :

Under the Mitakshara school, inheritance is primarily governed by the principle of survivorship, which means that upon the death of a coparcener, his interest in the joint family property devolves upon the surviving coparceners. This is different from the concept of inheritance by will or testamentary succession. The Mitakshara school initially excluded women from inheriting property, although subsequent legal reforms, such as the Hindu Succession Act, 1956, have addressed these gender disparities.

3. Partition :

The Mitakshara school allows for the partition of joint family property at the behest of any coparcener. Upon partition, each coparcener is entitled to an equal share of the property. The school also recognizes the right by birth, meaning that a male member acquires an interest in the property from the moment of his birth.

4. Alienation of Property :

The head of the family, known as the Karta, holds significant powers in managing the joint family property. However, the Karta's power to alienate the property is limited. He can only do so with the consent of other coparceners or in cases of legal necessity or benefit to the estate.