Content

1. Definition
2. SCHOOLS OF HINDU LAW
3. Differences between the two Schools
4. Differences between the two Schools in Succession
5. Conclusion
6. Bibliography


Definition
Hindu means those people who are being following the rules of hindu religion
indentify himself to others people as hindu is called hindu.
hindu law: Hinndu laws means those statutes rules which prescribed the right and
duties of hindu. Its called hindu law.
SCHOOLS OF 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- (a) Mitakshara (b)
Dayabhaga
The schools are ordinarily said to be five in number. But there are only two
principal schools namely, the mitakshara school and the Dayabhaga school. The
Dayabhaga prevails in Bangladesh and in he province of West Bengal in india the
Mitakshara prevails in the whole of India (except the province of west Bengal) and
in Pakistan.
The Mitakshara is anterior to Dayabhaga and is a running commentary on the Code
of Yajnabalkya written by Vijnaneswara.
The Dayabhaga is not a commentary on any particular Code but a digest of all the
Codes. It gives first preference to the Code of Manu.
The Mitakshara school is regarded as the orthodox school and the Dayabhaga the
reformed one and the two mainly differ on the following matters :-
i) The law of inheritance.
ii) Joint family system.
The Mitakshara is sub-divided into four or five minor schools. These differ
between themselves in some matters of detail relating mainly to adoption and
inheritance.
The schools along with the commentaries, respected as authorities are given
below:-
1. Dayabhaga School : (i) Dayabhaga of jimutabahana.
(ii) Mitakshara of Vijnanes-wara.
(iii) Dayatattwa of Raghunan-dana.
(iv) Daya-Karma-Sangraha of Srikrishna.
(v) Viramitrodaya of Mitra Misa.
2. Mitakshara School :
(a) Benares School : (i) Mitakshara
(ii) Viramitrodaya
(iii) Nirnayasindhu.
(b) Mithila School : (i) Mitakshara.
(ii) Vivada-Chintamani of vachaspati Misra.
(iii) Vivada Ratnakara of chandeswara.
(c) Maharashtra or Bombay School :
(i) Mitakshara.
(ii) Vyavahara Mayukha of Nilkants.
(iii) Viramitrodaya.
(iv) Nirnayasindhu.
(d) Dravida or Madras School : (i) Mitakshara.
(ii) Smriti Chandrika of Deva-nanda Bhatta.
(iii) Parasara-Madhava of Madhavacharya.
(iv) Viramitrodaya.
(v) Saraswati Vilasa.
(e) Punjab School : (i) Mitakshara.
(ii) Viramitrodaya.
(iii) The Punjab customs, compiled in Riwaz-l-Am.

The Mitakshara and Dayabhaga Schools differed on important issues as regards the
rules of inheritance. However, this branch of the law is now codified by the Hindu
Succession Act, 1956, which has dissolved the differences between the two.
Today, the main difference between them is on joint family system.
Mitakshara- Rights in the joint family property is acquired by birth, and as a rule,
females have no right of succession to the family property. The right to property
passes by survivorship to the other male members of the family.
Dayabhaga- Rights in the joint family property are acquired by inheritance or by
will, and the share of a deceased male member goes to his widow in default of a
closed heir.
Differences between the two Schools
Mitakshara Dayabhaga
i) Right of a son by birth in the
ancestral property equal to the interest
of his father.
i) A son is entitled to his ancestral
property only on the death of his
father. The father is the absolute owner
of his property in his lifetime.
ii) A son becomes coparcener right
after his birth. His right is applicable to
the property of his grandfather and
grand-grandfather.
ii) A son becomes coparcener by death
of his father. This right is not available
within the property of his father,
grandfather or grand-grandfather.
iii) Everyone is entitled to the property
as a unit. Their shares are not defined.
They have only the commodity of
ownership. There is joint-tenancy.
iii) Everyones share is defined. There
is tenancy-in-common.
iv) One cannot transfer his share to the
third party.
iv) One can transfer his share.
v) The joint-property can be v) As the shares are defined, one can
partitioned. In that case, it will be
partitioned as it was in case of the
father.
easily partition with his share.

Devolution of Property
1. Under Mitakshara school property
devolves in two ways (i) Survivor-
ship (ii) Succession.
1. Under Dayabhaga no living hindu
has got any heir; succession opens
after his death. Survivor-ship is not
recognaised.

J oint family property
Mitakshara school Dayabhaga school
A son, born to one of the coparceners,
acquires an interest in the property from
the moment of his birth and he cannot
be ousted from such interest while he is
alive.
In Dayabhaga succession opens to a son
only after the death of the father. A
Dayabhaga father is competent to make
a testamentary disposition of the whole
of property. A son has got no right to
object to it. A son cannot claim partition
during the lifetime of his father.
The karta or manager has got a
restricted right of transfer.
Succession once opens, shara of each
heir becomes fixed, and every member
(including karta) can alienate his share
in any way he likes.
Property devolves on the male survivors
only.
Property passes by inheritance only and
may go to female heirs like widows,
daughters etc.
Factum Valet
1. The doctrine of factum valet was
enunciated by the author of the
dayabhaga. It was held by the privy
council in the case of wooma Daee that
the doctrine is recognized by the
Mitakshara school also.
1. It is recognized by the Dayabhaga
school to a greater extent. But factum
valet is no defence when the act is
immoral or against public policy ro
prohibited by any act of Legislature or
against express principles of Hindu
Law.
Differences between the two Schools in Succession
Mitakshara- Property of a deceased Hindu is partitioned into two ways as the
property is of two types- (a) Ancestors property, (b) Separate property.
Ancestors property is partitioned in accordance to the Rules of Survivorship. But a
Separate property is partitioned to the descendants.
Dayabhaga- Property is of two types- (a) Joint, (b) Separate. The descendants
inherits the property whatever type it is.
Mitakshara- In default of close heir, brother and immediate survivors inherit, the
wife does not inherit.
Dayabhaga- If coparcener dies, his widow will get the property in default of a
close heir but she cannot alienate.
Mitakshara- The order of heirs is decided by mereness of blood.
Dayabhaga- The order of heirs is decided by the competence to offer Pinda and
Sraddho to the deceased.
CONCLUTION
The hindu law is opposed to the theory of its divine origin. There are several
schools of hindu law. The two schools sure that the hindus enactments and
inheritance, Devolution of property, adoption the all thing is established the two
schools.








Bibliography
1. S.K. ROUTH ELEMENTS OF HINDU LAW
2. www.google.com