HISTORY OF MITAKSHARA SCHOOL
Mitakshara is one of the distinct school of Hindu law that has it’s origin in ancient India. These schools of law deal with the inheritance of property and the rights of individuals over such property.
- The Mitakshara school is believed to have been founded by Vijnanesvara, a 12th-century scholar from the Chalukya dynasty. His work, the Mitakshara, is considered to be one of the most authoritative texts on Hindu law. It is a commentary on the Yajnavalkya Smriti, which is one of the most important Hindu law texts. The Mitakshara school is primarily followed in North India, and its principles are applied in most parts of the country.
- The Mitakshara school advocates the concept of joint family property, where all the members of the family have a right to the ancestral property. The property is passed down through the male line, and the sons have an equal share in the property. The Mitakshara school also recognizes the right of a person to dispose of his or her property through a will.
- The Mitakshara school owes its name to Vijnaneshwara’s commentary on the Yajnavalkya smriti by the name of “MITAKSHARA”.
- The Mitakshara school prevails in the whole of India except Bengal and Assam.
- The Mitakshara school is considered to be a conservative and orthodox school and particularly it is based on the property distribution process.
- Under the Mitakshara school, there are four modes of inheritance: (1) by birth, (2) by adoption, (3) by testamentary disposition, and (4) by survivorship.
- The Mitakshara school also recognizes the concept of stridhana, which refers to the property that a woman receives either through inheritance or as gifts during her lifetime. The school holds that a woman has an absolute right to her stridhana property, and it cannot be taken away by her husband or other family members
Sub Schools of Mitakshara School
The Mitakshara school has the following sub-schools
1]Benares school
2]Mithila school
3]Dravida school
4]Maratha/ Maharashtra school
FEATURES OF MITAKSHARA SCHOOL
1]It is based on the principle of the joint family system where ancestral property is passed on from generation to generation.
2]One of the unique features of this school is that the coparcener male child [four generations from a common ancestor] acquires right in family property by mere birth.
[COPARCENERY :- A PERSON WHO HAS A COMMON OR LEGAL RIGHT IN HIS / HER ANCESTRAL PROPERTY]
IT EXTENDS TO FOUR GENERATIONS:-
3]A woman could never become a coparcener. But the HINDU SUCCESSION [AMENDMENT] ACT, 2005 empowered woman to become a coparcener like a male in ancestral property.
4]Father and the sons had the equal right over ancestral property.
LET’S ASSUME THAT THE TOTAL PROPERTY IS 10 UNITS.
5]Father cannot sell the ancestral property without consent of his son because the son has already gained the ownership at the time of his birth. There’s only a mere possession in the property by the father.
6]An adult son can demand partition during his father’s life.
7]It also recognizes the concept of SURVIVORSHIP, where the share of a deceased coparcener automatically passes onto the surviving coparceners.
HERE, A GRAPH DEPICTED THE SURVIVORSHIP PROCESS:-
TOTAL PROPERTY WAS 10 UNITS AND IT WAS DIVIDED BETWEEN 5 INDIVIDUALS i.e, FATHER, SON I , SON II , SON III , SON IV ,IN EQUAL 2 UNITS. AND WHEN ONE PERSON DIES, WE CAN SAY IF SON II IS DIED THEN HIS PROPERTY WILL EQUALLY TRANSFER TO ALL THE SURVIVORS i.e, ALL WILL GET 2.5 UNITS NOW.
8]Father cannot transfer his share to the third party.
SUB-SCHOOLS OF MITAKSHARA SCHOOL
The Mitakshara School is further divided into five sub-schools, each with its own regional variations and interpretations:
1. Benares School: Predominantly followed in the northern regions of India, including Uttar Pradesh and Bihar. This school is known for its strict adherence to the Mitakshara principles.
2. Mithila School: This sub-school is prevalent in the Mithila region, which includes parts of Bihar and Nepal. It has some unique interpretations, especially concerning marriage and inheritance laws.
3. Maharashtra School: Followed in the western parts of India, particularly in Maharashtra and Gujarat. This school has its own distinct interpretations of the Mitakshara principles.
4. Dravida School: This sub-school is followed in the southern states of India, including Tamil Nadu and Andhra Pradesh. It has some unique features, especially in the context of property and inheritance laws.
Each of these sub-schools interprets the Mitakshara principles slightly differently, leading to variations in legal practices across different regions of India.
DIFFERENCE BETWEEN MITAKSHARA AND DAYABHAGA SCHOOL
- Basically, In Dayabhaga school the coparcenary right is effective only after the death of father and there is no birth right on inheritance of property.
- Father has full ownership in his property and even an adult son can’t demand partition during father life.
- Here, the survivorship is not recognized.
- It’s followed in West Bengal and Assam.
- The sub-school of Dayabhaga school is BENGAL SCHOOL.
- It was founded by JIMUTVAHANA and it is not based on any particular smriti and shruti.
- It is considered as a more liberal system when compared to Mitakshara school.
Conclusion
It can be concluded that the Mitakshara system is conservative. It provides in difficult times as a member can rely on the joint family.
