MITAKSHARA LAW

Why in News?

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.

More on News

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