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Supreme Court ruled that children born from void or voidable marriages are legitimate for property inheritance under the Hindu Succession Act (HSA), 1956 which recognizes Mitakshara Law.
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The court held that such children be treated as an extended family of a common ancestor to decide a valid share in the property of the common ancestor.
Mitakshara Law
- It is one of the two major Hindu law schools (the other being Dayabhaga) that governs the succession of property in Hindu families.
- It is based on the commentary on the Yajnavalkya Smriti, written by Vijnaneswara in the 12th century.
- It recognizes the concept of coparcenary, which means that ancestral property is jointly held by all male members of the family, and they have equal rights in the property.
- Coparcener has no absolute right to transfer his share because his share is not definite or ascertainable as their shares fluctuate with the births and deaths of the coparceners.
- According to this school, a woman could never become a coparcener.
- However, the Hindu Succession (Amendment) Act, of 2005 empowered women to become a coparcener like males in ancestral property.
- It is prevalent throughout India, except in some eastern parts where Dayabhaga School is followed.
- There are 4 sub-schools of Mitakshara Law:
- Dravidian/Madras school of thought,
- Maharashtra school of thought,
- Banaras school of thought,
- Mithila school of thought.
- Punjab School
Dayabhaga School of Thought
- It is based mainly on the Yagnavalkya Smriti commented by Jimutuvahana.
- Inheritance is based on the principle of spiritual benefit. It arises by pinda offering, i.e., rice ball offering to deceased ancestors.
- Followed in Bengal and some parts of Assam only.
- It has no sub-school.
Mitakshara vs. Dayabhaga schools in coparcenary rights
Mitakshara Schools | Dayabhaga School |
Mitakshara is an orthodox School | Dayabhaga is Reformist School |
Right of a son by birth in the ancestral property equals to the interest of his father. | Son is entitled to his ancestral property only on the death of his father. |
Son becomes coparcener right after his birth. | Son becomes coparcener by death of his father. |
Coparcenary right is applicable to the property of grandfather and great-grandfather. | Father is the absolute owner of his property in his lifetime. |
One cannot transfer his share to the third party as their share is not definite or ascertainable. | One can transfer his share as they are defined. |
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