Schools of Hindu Law :-School means rules and principles of Hindu Law Which are divided into opinion. It is not codified. There are two Schools of Hindu Law-(a) Mitakshara(b) Dayabhaga
Mitakshara School prevails throughout India except in Bengal. It is a running commentary on the code of Yagnavalkya. Mitakshara is an orthodox School whereas the Dayabhaga is Reformist School.
The Mitakshara and Dayabhaga Schools differed on important issues as regards the rules of inheritance However, this branch of the law is now codified by the Hindu Succession Act, 1956, which has dissolved the differences between the two. Today, the main difference between them is on joint family system.
(1) Mitakshara– Rights in the joint family property is acquired by birth, and as a rule, females have no right of succession to the family property. The right to property passes by survivorship to the other male members of the family.
(2) Dayabhaga– Rights in the joint family property are acquired by inheritance or by will, and the share of a deceased male member goes to his widow in default of a closed heir.
(Difference between the two Schools)
Mitakshara:-
(i) Right of a son by birth in the ancestral property equal to the interest of his father.
(ii) A son becomes coparcener right after his birth. His right is applicable to the property of his grandfather and grand-grandfather.
(iii) Everyone is entitled to the property as a unit. Their shares are not defined. They have only the commodity of ownership. There is joint-tenancy.
(iv) One cannot transfer his share to the third party.
(v) The joint-property can be partitioned. In that case, it will be partitioned as it was in case of the father.
Dayabhaga:-
(i) A son is entitled to his ancestral property only on the death of his father. The father is the absolute owner of his property in his lifetime.
(ii) A son becomes coparcener by death of his father. This right is not available within the property of his father, grandfather or grand-grandfather.
(iii) Everyone’s share is defined. There is tenancy-in- common.
(iv) One can transfer his share.
(v) As the shares are defined, one can easily partition with his share.
(Difference between two Schools in Succession)
Mitakshara:-
(1) Property of a deceased Hindu is partitioned into two ways as the property is of two types-
(a) Ancestor’s property,
(b) Separate property.
Ancestor’s property is partitioned in accordance to the Rules of Survivorship. But a Separate property is partitioned to the descendants.
(2) In default of close heir, brother and immediate survivors inherit, the wife does not inherit.
(3) The order of heirs is decided by nearness of blood.
Dayabhag:-
(1)Property is of two types-
(a) Joint,
(b) Separate.
The descendants inherits the property whatever type it is.
(2) If coparcener dies, his widow will get the property in default of a close heir but she cannot alienate.
(3) The order of heirs is decided by the competence to offer pinda and sraddho to the deceased.