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    The document discusses the major schools of Hindu law in India - Mitakshara and Dayabhaga. It describes how Mitakshara is further divided into five sub-schools based on different regions - Benaras, Mithila, Maharashtra, Punjab, and Dravida. These schools have the same fundamental principles but differ in some circumstances based on local customs. It also outlines the key commentaries and regional coverage of each sub-school. Separately, it provides details on the Dayabhaga school, its focus on inheritance and joint family matters, and the major commentaries that were followed within this school.

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    The document discusses the major schools of Hindu law in India - Mitakshara and Dayabhaga. It describes how Mitakshara is further divided into five sub-schools based on different regions - Benaras, Mithila, Maharashtra, Punjab, and Dravida. These schools have the same fundamental principles but differ in some circumstances based on local customs. It also outlines the key commentaries and regional coverage of each sub-school. Separately, it provides details on the Dayabhaga school, its focus on inheritance and joint family matters, and the major commentaries that were followed within this school.

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    The document discusses the major schools of Hindu law in India - Mitakshara and Dayabhaga. It describes how Mitakshara is further divided into five sub-schools based on different regions - Benaras, Mithila, Maharashtra, Punjab, and Dravida. These schools have the same fundamental principles but differ in some circumstances based on local customs. It also outlines the key commentaries and regional coverage of each sub-school. Separately, it provides details on the Dayabhaga school, its focus on inheritance and joint family matters, and the major commentaries that were followed within this school.

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    13 views3 pages

    SFMDFSD

    Uploaded by

    Nk
    The document discusses the major schools of Hindu law in India - Mitakshara and Dayabhaga. It describes how Mitakshara is further divided into five sub-schools based on different regions - Benaras, Mithila, Maharashtra, Punjab, and Dravida. These schools have the same fundamental principles but differ in some circumstances based on local customs. It also outlines the key commentaries and regional coverage of each sub-school. Separately, it provides details on the Dayabhaga school, its focus on inheritance and joint family matters, and the major commentaries that were followed within this school.

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    In Dayabhaga school various other commentaries were followed such as:

     Dayatatya
     Dayakram-sangrah
     Virmitrodaya
     Dattaka chandrika

    Sapinda relationship and


    Mitakshara is further divided  into five sub-schools namely

     Benaras Hindu law school


     Mithila law school
     Maharashtra law school
     Punjab law school
     Dravida or madras law school

    These law schools come under the ambit of Mitakshara law school. They
    enjoy the same fundamental principle but differ in certain circumstances.

    Mitakshara
    Mitakshara School: Mitakshara is one of the most important schools of Hindu
    law. It is a running commentary of the Smriti written by Yajnvalkya. This
    school is applicable in the whole part of India except in West Bengal and
    Assam. The Mitakshara has a very wide jurisdiction. However different parts
    of the country practice law differently because of the different customary
    rules followed by them.

    Benaras law school


    This law school comes under the authority of the Mitakshara law school and
    covers  Northern India including Orissa. Viramitrodaya Nirnaya Sindhu vivada
    are some of its major commentaries.

    Mithila law school


    This law school exercises its authority in the territorial parts of tirhoot and
    north Bihar. The principles of the law school prevail in the north. The major
    commentaries of this school are Vivadaratnakar, Vivadachintamani,
    smritsara.

    Maharashtra or Mumbai law school


    The Maharashtra law school has the authority to exercise its jurisdiction over
    the territorial parts including Gujarat Karana and the parts where the Marathi
    language is proficiently spoken. The main authorities of these schools are
    Vyavahara Mayukha, Virmitrodaya, etc.

    Madras law school


    This law school tends to cover the whole southern part of India. It also
    exercises its authority under Mitakshara law school. The main authorities of
    this school are Smriti Chandrika, Vaijayanti, etc.

    Punjab law school


    This law school was predominantly established in east Punjab. It had
    established its own customs and traditions. The main commentaries of this
    school are viramitrodaya and its established customs.

    Dayabhaga school
    Dayabhaga school predominantly prevailed in Assam and West Bengal. This
    is also one of the most important schools of hindu laws. It is considered to be
    a digest for the leading smritis. Its primary focus was to deal with partition,
    inheritance and joint family. According to Kane, it was incorporated in
    between 1090-1130 A.D.

    Dayabhaga school was formulated with a view to eradicating all the other
    absurd and artificial principles of inheritance. The immediate benefit of this
    new digest is that it tends to remove all the shortcomings and limitations of
    the previously established principles and inclusion of many cognates in the
    list of heirs,  which was restricted by the Mitakshara school.

    In Dayabhaga school various other commentaries were followed such as:

     Dayatatya
     Dayakram-sangrah
     Virmitrodaya
     Dattaka chandrika
    Sapinda relationship and degrees of prohibited
    relationship
    All prohibited relationships are Sapinda but all Sapinda re

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