Hindu Law is the most ancient law in the world. Originally Hindu Law was created to satisfy every need and welfare of people. The sources of the concept of Hindu Law are Shruti ( words of God ) , Smriti ( text ) , customs ( old practices) , commentaries and digests.
The codified law and uncodified law are two types of Modern Hindu Law. Codified law administers every Hindu. The concepts of schools of Hindu Law does not exist in codified law, however it exists in uncodified Hindu law.
School means rules and principles of Hindu Law which are divided into opinion. It is not codified. There are two Schools of Hindu Law:
- Mitakshara School
The Mitakshara School exists throughout India except in the State of Bengal. The Yagnavalkya Smriti was commented on by Vijnaneshwara under the title Mitakshara. The followers of Mitakshara are grouped together under the Mitakshara School. Mitakshara school is based on the code of Yagnavalkya commented by Vijnaneshwara, a great thinker and a law maker from Gulbarga, Karnataka. The Inheritance is based on the principle or propinquity i.e. the nearest in blood relationship will get the property. Sapinda relationship is of blood. The right to Hindu joint family property is by birth. So, a son immediately after birth gets a right to the property. The system of devolution of property is by survivorship (But now it has been amended by 2005 Amendment Act). The share of co-parcener in the joint family property is not definite or ascertainable, as their shares are fluctuating with births and deaths of the co- parceners. The co-parcener has no absolute right to transfer his share in the joint family property, as his share is not definite or ascertainable. The widow of a deceased co-parcener cannot enforce partition of her husband’s share against his brothers.
A woman could never become a co-parcener. But, the Hindu Succession (amendment) Act of 2005 empowered the women to become a co-parcener like a male in ancestral property. A major change enacted due to western influence.
There are four Sub-Schools under the Mitakshara School:
Madras school : It exists in South India. In the case of adoption by a widow it has a peculiar custom that the consent of the sapindas was necessary for a valid adoption. (Sapindas – blood relation).
Maharashtra School (Bombay School of Thought) : It exists in Bombay (Mumbai) and Gujarat. The Bombay school has got an entire work of religious and Civil laws.
Banaras School of Thought : It extends to whole of northern India except in Punjab where its authority is modified by customary law in rural areas.
Mithila School of Thought : It exists in Tirhut, North Bihar and Uttar Pradesh near the Jamuna (Yamuna) river areas.
Punjab School : It prevails in the part of the country called East Punjab. This School is chiefly governed by local customs.
Sub-Schools under the Mitakshara School
2) Dayabhaga School Of Thought
It exists in Bengal and Assam only. It has no sub-school. Dayabhaga School is based mainly on the code of yagnavalkya commented by Jimutuvahana, Inheritance is based on the principle of spiritual benefit. It arises by pinda offering i.e. rice ball offering to deceased ancestors. This school is followed in Bengal and some parts of Assam only. The main features of this School are as follows:
- Sapinda relation is by pinda offerings.
- The right to Hindu joint family property is not by birth but only on the death of the father.
- The system of devolution of property is by inheritance. The legal heirs (sons) have definite shares after the death of the father.
- Each brother has ownership over a definite fraction of the joint family property and so can transfer his share.
- The widow has a right to succeed to husband’s share and enforce partition if there are no male descendants.
- On the death of the husband the widow becomes a co-parcener with other brothers of the husband. She can enforce partition of her share.
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