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Q.

What are Mitakshara and Dayabhaga School of Hindu law?

Tags: school, education, hindu law
Asked by lalit mahata, 05 Apr '13 10:00 pm
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Answers (5)

1.

The Mitakshara School exists throughout India except in the State of Bengal and Assam. The Yagna Valkya Smriti was commented on by Vigneshwara under the title Mitakshara. The followers of Mitakshara are grouped together under the Mitakshara School.The Inheritance is based on the principle or propinquity i.e. the nearest in blood relationship will get the property. Sapinda relationship is of blood. The right to Hindu joint family property is by birth. So, a son immediately after birth gets a right to the property.
Dayabhaga School is based on the code of yagnavalkya 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.This school is followed in Bengal state only. Sapinda relation is by pinda offerings.The right to Hindu joint family property is not by birth but only on the death of the father.The system of devolution of property is by inheritance. The legal heirs (sons) ha ...more
Answered by LIPSIKA, 05 Apr '13 10:25 pm

 
  
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The Mitakshara School exists throughout India except in the State of Bengal and Assam. The Yagna Valkya Smriti was commented on by Vigneshwara under the title Mitakshara. The followers of Mitakshara are grouped together under the Mitakshara School.The Inheritance is based on the principle or propinquity i.e. the nearest in blood relationship will get the property. Sapinda relationship is of blood. The right to Hindu joint family property is by birth. So, a son immediately after birth gets a right to the property.
Dayabhaga School is based on the code of yagnavalkya 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.This school is followed in Bengal state only. Sapinda relation is by pinda offerings.The right to Hindu joint family property is not by birth but only on the death of the father.The system of devolution of property is by inheritance. The legal heirs (sons) have defi ...more
Answered by rajan, 06 Apr '13 05:38 am

 
  
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The Mitakshara School exists throughout India except in the State of Bengal and Assam. The Yagna Valkya Smriti was commented on by Vigneshwara under the title Mitakshara. The followers of Mitakshara are grouped together under the Mitakshara School.The Inheritance is based on the principle or propinquity i.e. the nearest in blood relationship will get the property. Sapinda relationship is of blood. The right to Hindu joint family property is by birth. So, a son immediately after birth gets a right to the property.
Answered by Quest, 06 Apr '13 12:06 pm

 
  
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There are two Schools of Hindu Laws Mitakshara and Dayabhaga according to the former, co-parcenary property is synonymous with joint family property. The joint family property may be divided according to the source from which it comes into (1) ancestral property jointly acquired by the members of a joint family property may or may boot be joint family property whether it is so or not is a question of fact in each case
As under the Mitakshara Law so under Dayabhaga law co-parcenary property consists of ancestral property or of joint acquisitions or of property

An argument was raised that in cases governed by Dayabhaga School of Hindu Law a 'co-parcenary 'never came into existence between a father and his sons till the death of the former and the ancestral property in the hands of the father could never be called co-parcenary property because he could dispose it of in any manner be liked. There is a fallacy in this argument because the incidents of the Dayabhaga and Mitakshara Schoo ...more
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Answered by anil garg, 05 Apr '13 10:26 pm

 
  
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The Mitakshara School exists throughout India except in the State of Bengal and Assam. The Yagna Valkya Smriti was commented on by Vigneshwara under the title Mitakshara. The followers of Mitakshara are grouped together under the Mitakshara School.The Inheritance is based on the principle or propinquity i.e. the nearest in blood relationship will get the property. Sapinda relationship is of blood. The right to Hindu joint family property is by birth. So, a son immediately after birth gets a right to the property.
Answered by manoharkhanna, 09 Apr '13 04:51 am

 
  
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