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Schools of Hindu Law

Schools came into being when diff commentators


came to interpret Smritis with reference to diff.
customs
P.C. In Rutcheputty Vs Rajendra ,
1839,2.M.I.A,132
Commentators of smritis could not ignore local
customs and Usages.
while interpreting, they incorporated different local
customs and usages of diff. provinces, gave to
mould the principles of law prevailing in each
province
Development
Collector of Madhura Vs. Motoo Ramalinga
P,C Opined that remoter sources of Hindu
Law(Smritis) are common to all diff.schools.
Mitakshara and Dayabhaga works generally
received, became the subject matter of
subsequent commentators. Each commentators
put his own gloss on the ancient text. His
authority is received in one part and rejected in
another part. Hence different schools have been
arose
Schools of Hindu Law
Extent
Mitakshara whole of India
Dayabhaga Bengal
Commentator
Mitakshara Vignaneswara
Dayabhaga Jimuthavahana
Applicability
Mitakshara Inheritance
Dayabhaga Succession
Doctrines
Mitakshara Survivorship
Dayabhaga self acquired

Division of School
Mitakshara divided into 5 Sub- Schools
1. Benaras
Applicable Whole North India including
Orissa (Except Mithila and Punjab.
Lex-loci in Central Province ( M P) is Banaras
school of Hindu Law
Commentaries
Mitakshara, Vira Mitrodaya, Dattaka
Mimansa, Nirnaya Sindhu, Vivada Thadava
Subhodhini, Balam Bhatti
2. Mithila School(North Bihar)
Mitakshara law applicable except in few
matters in respect of which, the law of Mithila
has departed from Mitakshara
Commentaries
Mitakshara, Vivada Ratnakara, Vivada-Chintamani,
Smiriti Sara, Madana Parijatha
3. Dravida (Madras, Mysore A P)
These areas were governed by Dravida School
Commentaries
Mitakshara, Smiriti Chandrika Parasara Madhaviya,
Saswathi vilasam, Viramitrodaya
Vyavahara nirnaya, Datta chandrika Dayabhaga
Vaijayanthi, Nirnaya Sindhu, Narada Rajya, Vivada
tandava
4 Maharastra Or Bombay School
Applicability Whole of Bombay, Gujarat, Kanara and
where Marathi is spoken as local Language
Commentaries
Mitakshara, Vyahara mayukha, Viramitrodaya
Nirnaya Sindhu, Parasara madhaviya Vivada Tandava
5 Punjab School( East Punjab)
It is chiefly based on Customs
Commentaries
Mitakshara, Vira Mitrodaya, Punjab Customs
Reasons for dif. Between various schools
Case Collector of Madhura ( Ramnad Case)
1. Commentariew of Mitakshara are
received by some schools But are not received
by all
2. Commentaries in particular province ,
which follow the mitakshar put a particular
gloss on it and agree it collectively
Dayabhaga ( West Bengal & Assam Assam is west Bengals
young Brother)
It prevails in WB with some variations based on authority
of customs
Commentatories
Dayabhaga, Dayatatva, Daya-Sangraha, Dattaka Chandrika
Comment by Dr. Jolly
It (Dayabhaga) is one of the most striking composition in
the whole department of Indian Jurisprudence

Diff Mitakshara & Dayabhaga


1.Jt.property
Mitakshara Right by birth
Dayabhaga By death
No right by birth during fathers Life time
2. Alienation
Mitakshara Restricted power
Dayabhaga Absolute power of sale
3.Partition
Mitakshara Son can demand partition
Dayabhaga Since it is self acquired no such right
4. Doctrine of survivorship
Mitakshara It is applicable
Dayabhaga Succession
5. Disposition of property
Mitakshara Members cannot dispose of the
property
Dayabhaga Give away even when undivided
6.Relation to claim property
Mitakshara Particles of the same body Religious efficacy
Dayabhaga Spiritual efficacy Offering of Pinda or Rice
ball
7. Preference
Mitakshara Cognates postponed to agnates
Dayabhaga some cognates(sisters son) is preferred to
8. Liability
Mitakshara Manager is not liable for accounts He is only
accountable at the time of partition
Dayabhaga Members can call upon the manager to
account
Migration to school
What is migration
Family continues to be governed by the law of the
locality of Origin
Bur den lies on the family alleging other wise
Mulla Principles of Hindu Law
Presumption of Migration
If a family migrates from one State to another
, It carries with it customs, succession family relations
of his State.

However this presumption may be rebutted


by proving that the family had alredy adopted
the law and usage of the State to which he is
migrated
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