What do you mean by Mitakshara?
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.
What is Dayabhaga and Mitakshara?
The Dayabhaga and The Mitakshara are the two schools of lawthat govern the law of succession of the Hindu Undivided Family under Indian Law. The Dayabhaga School of law is observed in Bengal and Assam. In all other parts of India the Mitakshara School of law is observed.
What is Mitakshara and Dayabhaga Upsc?
1. Mitakshara was the civil law for upper castes and Dayabhaga was the civil law for lower castes.
Where is Mitakshara applicable in India?
Five states in India viz. Kerala, Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka passed legislation to remove the discriminatory features of the right by birth under the Mitakshara law.
What is the importance of Mitakshara?
Mitakshara School: Mitakshara is one of the most important schools of Hindu law. It is a running commentary of the Smriti written by Yajnvalkya. This school is applicable in the whole part of India except in West Bengal and Assam. The Mitakshara has a very wide jurisdiction.
Who comes under Mitakshara?
So under Mitakshara a son, son’s son, son’s son’s son can a coparcenary i.e. father and his three lineal male descendants can be a coparcener. For Example: Suppose in a Joint Family a Coparcenary will be consisting of four members including father and his three male lineal descendants.
What is Mitakshara joint family?
Mitakshara Joint Hindu Family According to the Mitakshara law school, a joint family refers only to the male member of a family and extends to include his son, grandson, and great-grandson. They collectively have co-ownership/Coparcenary in the Joint Family.
What is the difference between Mitakshara and Dayabhaga school?
Under Mitakshara school right to ancestral property arises by birth. Hence the son becomes the co-owner of the property sharing similar rights as of fathers. While in Dayabhaga school the right to ancestral property is only given after the death of the last owner.
What are the features of Mitakshara and Dayabhaga joint families?
Mitakshara Joint Hindu Family They collectively have co-ownership/Coparcenary in the Joint Family. Thus a son by birth acquires an interest in the ancestral property of the joint family. Under the Dayabhaga law school, the son has no automatic ownership right by birth but acquires it on the demise of his father.
Which rule is applicable under Mitakshara?
The Supreme Court has held that the rule under Mitakshara law that whenever a male ancestor inherits any property from any of his paternal ancestors upto three degrees above him, then his male legal heirs upto three degrees below him would get an equal right as coparceners in that property will apply in cases of …
What are the salient features of Mitakshara school of Hindu Law?
The essential feature of a Mitakshara coparcenary property is unity of ownership, i.e., the ownership of property is not vested in a single coparcener. It is vested in whole body of coparcenary.
What are the main characteristics of a Mitakshara Coparcenary?
The following are the characteristic features of the Mitakshara coparcenary:
- (1) Unity of Ownership:
- (2) Indeterminability of Shares:
- (3) Community of Interest:
- (4) Exclusion of Females:
- (5) Devolution by Survivorship:
- (6) Right of Maintenance:
Who wrote Mitakshara what is its importance?
The Mitakshara was written by Vijnanesh. This book has been written at the time of Vikramarka ,a chalukya ruler of 11th century AD. The importance of this book is. In our country this book effects great progress.
What is joint family and Mitakshara Coparcenary?
According to the Mitakshara law school, a joint family refers only to the male member of a family and extends to include his son, grandson, and great-grandson. They collectively have co-ownership/Coparcenary in the Joint Family. Thus a son by birth acquires an interest in the ancestral property of the joint family.
How are Mitakshara Coparcenary formed?
Under Mitakshara School of Hindu Law, the concept of coparcenary based on the notion of birthright. It consists of four-generation: great grandfather, grandfather, father and son. Suppose, Ram is the father and B, C, D, E, F, G, H are his seven lineal male descendants.
What is Mitakshara in family law?
A Joint Hindu family according to the Mitakshara Law consists of a male member of a family with his sons, grandsons and great-grandsons according to Hindu Law. They collectively constitute a coparcenary of a Hindu Family.
Is Mitakshara law still applicable?
What is Mitakshara law school?
What is the difference between Mitakshara and Dayabhaga Coparcenary?
Difference between Mitakshara and Dayabhaga Coparcenary Mitakshara Coparcenary commences with the birth of a son whereas Dayabhaga Coparcenary commences on the death of father. Mitakshara Coparcenary includes more than one generation and for formation a relation of father and son is essential.