Table of Contents
What is Mitakshara in history?
The Mitākṣarā is a vivṛti (legal commentary) on the Yajnavalkya Smriti best known for its theory of “inheritance by birth.” It was written by Vijñāneśvara, a scholar in the Western Chalukya court in the late eleventh and early twelfth century.
Is Mitakshara law still relevant?
Since it was before the commencement of Hindu Succession Act, Mitakshara law applied to the succession. The nature of property will remain as coparcenary property even after the commencement of the Hindu Succession Act, 1956″, observed the judgment authored by Justice Indu Malhotra.
What is Mitakshara and Dayabhaga?
The Dayabhaga and The Mitakshara are the two schools of law that govern the law of succession of the Hindu Undivided Family Under Indian Law. The Dayabhaga School of law is observed in Bengal and Assam. The Mitakshara School of Law is sub-divided into the Banaras, Mithila, Maharashtra and Dravida or Madras schools.
What are the elements of the Mitakshara School of Law?
Hindu Law is the most ancient law in the world. Originally Hindu Law was created to satisfy every need and welfare of the people. The assets of the idea for Hindu Law are Shruti (phrases of God), Smriti(text), customs (vintage practices), commentaries, and digest.
Who are the Class 1 heirs?
Class 1 Heirs
- Sons.
- Daughters.
- Widow.
- Mother.
- Son of a pre-deceased son.
- Daughter of a pre-deceased son.
- Son of a pre-deceased daughter.
- Daughter of a pre-deceased daughter.
Can father deny ancestral property to son?
In an ancestral property, all the sons have a right by birth and therefore, the father cannot give the ancestral property to one son to the exclusion of others. After amendment of 2005 in the Hindu Succession Act, even daughters are coparceners and have a right in the ancestral property.
What are the rules of partition under Mitakshara law?
Under the mitakshara school, partition means- Severance of status or interest and actual division of property in accordance with the shares by metes and bounds. Under Dayabhaga law, partition means- only division of property by metes and bounds.
Does Dayabhaga and Mitakshara still exist?
It prevails in whole of India except Bengal and Assam. Even in cases where there is no conflict between Dayabhaga and Mitakshara school, the latter is still regarded as a supreme authority.
What are the features of Coparcenary under Mitakshara law?
The most characteristic feature of a Mitakshara coparcenary is the unity of ownership and possession of joint family property among its coparceners. Both the ownership and possession of the coparcenary property is in the whole body of the coparceners.
Who are the Class 2 heirs?
Class 2 heirs include:
- Father.
- Sons daughter’s son.
- Sons daughter’s daughter.
- Brother.
- Sister.
- Daughters son’s son.
- Daughters son’s daughter.
- Daughters daughter’s son.
What is Mitakshara and Dayabhaga law?
Mitakshara and Dayabhaga school Mitakshara and Dayabhaga are the two schools of law that growers the law of succession of the Hindu Undemeaned family under Indian law. Under Mitakshara school right to austral property arises by birth hence the son becomes the co-owner of the property showing similar rights as of the Fathers.
What is Mitakshara School of Law?
Mitakshara school of law is based on the law of propinquity (nearness of blood-relationship) it is moved on the secular principle. It explains the exclusion of females from inheritance (First principal) it is terminated by the 2005 amendment of Hindu succession Act.
What is Mitakshara law of joint family?
In law of joint family, Mitakshara school of law gives a son’s rights by luth in joint family property among the member can be at any time subsequently. This system in Hindu have is unique in the world coparcenary devolves by surveyor ship. This is community ownership.
What was the law of succession in the Mitakshara areas?
Accordingly, in the Mitakshara areas the law of succession followed the nature of .property; where the property was coparcenary property it followed the rules laid down by the law of partition and where the property was separate property it followed the rules laid down by the law of inheritance strictly so called.