Hindu law is viewed as the most antiquated and productive law on the planet. It has been around each stage. It is around 6000 years of age. Hindu law has been set up by individuals, not to eliminate any wrongdoing or offense from society; however it was set up so individuals will follow it to achieve salvation. Initially Hindu law was set up with the goal that the needs of individuals were satisfied.
Hindu Law is the most antiquated law on the planet. Initially Hindu Law was made to fulfill each need and government assistance of individuals. The wellsprings of the idea for Hindu Law are Shruti (expressions of God), Smriti(text), customs (old practices), commentaries and summaries.
Schools of Hindu law
Schools of Hindu law are considered to be the discourses and the digestives of the smritis. These schools have broadened the extent of Hindu law and expressly added to its turn of events. Schools of considerations allude to the partitioned feelings on a topic. In this manner, schools of contemplation on Hindu law allude to the changed and partitioned sentiments on the standards and standards of Hindu Law. In contrast to rules, they are not classified. They don’t have the power of law. In any case, they sway the personalities of the council or legislators. These schools have extended the extent of Hindu law and unequivocally added to its turn of events.
The two significant schools of Hindu law are as per the following-
Mitakshara
Daya Bhaga
Mitakshara
Mitakshara is one of the main schools of Hindu law. It is a running critique of the Smriti composed by Yajnvalkya. This school is appropriate in the entire piece of India besides in West Bengal and Assam. Mitakshara has an extremely wide locale. Anyway various pieces of the nation provide legal counsel contrastingly as a result of the distinctive standard guidelines followed by them.
Mitakshara is additionally partitioned into five sub-schools specifically
- Benaras Hindu Law school
- Mithila Law school
- Maharashtra Law school
- Punjab Law school
- Dravida or madras Law school
These Law schools go under the ambit of Mitakshara Law school. They partake in a similar basic standard yet vary in specific conditions.
Benaras Law school
This Law school goes under the authority of the Mitakshara Law school and covers Northern India including Orissa. Viramitrodaya Nirnyasindhu vivada are a portion of its significant discourses.
Mithila Law school
This Law school practices its clout in the regional pieces of Tirhoot and north Bihar. The standards of the Law school win in the north. The significant editorials of this school are Vivadaratnakar, Vivadachintamani, smritsara.
Maharashtra or Bombay Law school
The Maharashtra Law school has the position to practice its ward over the regional parts including Gujarat Karana and the parts where the Marathi language is capably spoken. The principle specialists of these schools are Vyavhara Mayukha, Virmitrodaya, and so on
Madras Law school
This Law school will in general cover the entire southern piece of India. It additionally practices its specialists under Mitakshara Law school. The primary specialists of this school are Smriti Chandrika, Vaijayanti, and so on
Punjab Law school
This Law school was dominatingly settled in east Punjab. It had set up its own traditions and customs. The primary analyses of this school are viramitrodaya and it set up traditions.
Dayabhaga School
Dayabhaga school prevalently won in Assam and West Bengal. This is likewise quite possibly the main school of Hindu law. It is viewed as a condensation for the main smritis. Its essential center was to manage parcels, legacy and joint family. As per Kane, it was fused in the middle 1090-1130 A.D.
Dayabhaga school was figured with the end goal of annihilating the wide range of various ridiculous and fake standards of legacy. The advantage of this new condensation is that it will in general eliminate every one of the inadequacies and constraints of the recently settled standards and consideration of many cognates in the rundown of main beneficiaries, which was limited by the Mitakshara school.
In Dayabhaga school different analyses were followed, for example,
Dayatatya
Dayakram-sangrah
Virmitrodaya
Dattaka chandrika
Distinction among ‘Mitakshara’ and ‘Dayabhaga’ Schools of Hindu Law
Mitakshara and Dayabhaga contrast at specific positions.
Significant Differences are as per the following:
Based on Succession
Under the Mitakshara school, legacy is represented by the standard of association, for example blood relationship, while under the Dayabhaga school legacy is represented by the standard of otherworldly viability.
Under the Mitakshara, cognates are deferred to agnates; however under the Dayabhaga a few cognates like sister’s children are liked more than a few agnates.
This implies that if the Hindu kicks the bucket leaving his child and a girl, the little girl will be avoided from the legacy, and the child will
Under the advanced Hindu Law, the distinction between two principal schools is presently not solid. Under the Hindu Succession Act, 1956, there is one uniform law of progression for all Hindus.
Based on Joint Family
Under the Mitakshara, the right to property for the child emerges by birth; henceforth the child is a co-proprietor with the father in hereditary property. This implies the second a child is brought into the world in the family, he gets the directly in the joint family property.
Under the Dayabhaga, the right to property shows up after the passing of the last proprietor. Subsequently, the child has no option to inherit property during his father’s lifetime. Under the Mitakshara, the father’s has the restricted force of detachment for a tribal property, while the father has the outright force of division for familial property under the Dayabhaga School.
Based on Partition
While both the Mitakshara and the Dayabhaga schools hold that the genuine trial of segments is in the expectation to separate, the indication of this goal is diverse in every one of the schools. On account of the Mitakshara School the goal includes holding the property in characterized distinct offers while in the Dayabhaga School there must be an actual partition of the property into explicit divides and relegating of independent offers to each coparcener.
In the Mitakshara framework none of the individuals from the coparceners can guarantee a distinct actual portion of the joint property. Thus, parcel in this framework includes in determining and characterizing the portion of the coparcener for example In the mathematical division of the property.
In the Dayabhaga framework, each of the coparceners has an unequivocal offer in the joint family property despite the fact that the family is joint and unified and the belonging is normal. Thus, the segment in this framework includes the actual partition of the joint property into the different portions of the coparceners and allocating to every one of the coparceners the particular piece of the property.
Based on Rights of Woman
In the Mitakshara framework the spouse can’t request partition. She, notwithstanding, has the option to an offer in any segment affected between her significant other and her children. Under the Dayabhaga, this right doesn’t exist for the ladies on the grounds that the children can’t request a partition as the father is unquestionably the proprietor.
In both the frameworks, in any segment among the children, the mother is qualified for an offer equivalent to that of a child. Essentially, when a child bites the dust before segment leaving the mother as his main beneficiary, the mother is qualified for a portion of her expired child just as offered by her own doing when there is a parcel between the excess children.