Schools of Hindu Law

Hindu law is of two types-

1. Codified Hindu law 2. Un-codified Hindu law

The codified Hindu law applies to all Hindus equally whereas the un-codified Hindu law applies differently according to the situation.

SCHOOLS OF HINDU LAW

The schools of Hindu law have relevance only in respect of the uncodified areas of Hindu law. The people with the same view or character can together form a school.

Schools of Hindu law emerged with the emergence of the era of Commentaries and Digests. The digest and commentary period were found to prevail from 700 A.D. to 1700 A.D.

There are two main schools of Hindu law:

1. MITAKSHARA SCHOOL:

The Mitakshara school principle was written by Vijnaneshwara. It is a running commentary on Yajnavalkya Smriti.

The Mitakshara is legal principle on Inheritance.

Mitakshara became one of the most influential texts in Hindu law and its principles regarding property distribution, property rights, and succession are still in practice.

The Mitakshara school is found to prevail all over India except Assam and Bengal.

The Mitakshara school is considered to be a conservative and orthodox school.

The Mitakshara school is found to deal with all titles of Hindu law.

In Mitakshara school, the right in the joint family property is acquired by birth.

In this school, female has no right of succession to the family property.

The right of property passes by survivorship to the other male member of the family.

The Doctrine of factum valet is not fully recognised by Mitakshara school.

The various Mitakshara sub-schools are as follows-

i) Benaras school:  Benaras school prevails in complete Northern India including south Bihar, Orissa and few parts of Madhya Pradesh.

ii) Mithila school: Mithila school operates in Tirhut and few districts of North Bihar.

iii) Bombay school: Bombay school extends to Western India including Maharastra, M.P. and few parts of Andhra Pradesh.

iv) Dravid school: It covers southern India including Madras, Kerala, Mysore.

v) Punjab school: It extends to the area of Punjab, Rajasthan, Jammu and Kashmir.

Case law- Rohan vs. Luchuman, 1976 

In this case, it was held that the effect of Mitakshara school is so strong that it also applies to even some undescribed subjects in Bengal and Assam.

2. DAYABHAGA SCHOOL:

The Dayabhaga school is found to deal with the various aspects of Hindu law.

It was written by Jimutavahana and has much influence on the Hindu civil code of modern India.

The Dayabhaga school prevails only in Bengal and Assam.

This school is considered to be dissident school of old Benaras school.

The Dayabhaga school is found to deal with inheritance and succession.

In Dayabhaga school, right to property does not arise by birth.

Right in the joint family property is acquired by inheritance or by will.

Females have equal right in the property.

In this school, the share of a deceased male member goes to his widow in default of the closest heir.

The Doctrine of factum valet is fully recognised in Dayabhaga school.

There is no sub-school in Dayabhaga.

Factum Valet

It is Doctrine of Hindu law, which was originally enunciated by the author of the Dayabhaga, and also recognised by the followers of the Mitakshara, that a fact cannot be altered or changed even by 100 texts. The texts referred to are directory texts, as opposed to mandatory texts.