Mitakshara School of Hindu Law

The Mitakshara School of Hindu Law is one of the two primary schools of Hindu law, playing a vital role in shaping the inheritance and property rights in India. Rooted in ancient customs, it revolves around the concept of a joint family system, where family members, often spanning multiple generations, live together and share common ancestral property. 

At the heart of the Mitakshara system is the concept of coparcenary, which grants male family members the right to inherit property by birth. This system ensures that property remains undivided until a partition occurs. 

While it has been foundational in the evolution of Hindu inheritance laws, the Mitakshara School has undergone significant changes over time, particularly with amendments to the Hindu Succession Act, allowing daughters the same rights as sons. 

Understanding this school provides valuable insights into Hindu family law and its influence on modern property rights in India.

What is meant by Mitakshara School of Hindu Law?

The Mitakshara School of Hindu law is one of the two primary schools of Hindu personal law, primarily governing inheritance, family property rights, and succession in India. It is a system of law that was developed by Vijnaneshwara as a commentary on the Yajnavalkya Smriti, a classical Hindu legal text. The Mitakshara School is followed in most parts of India, except for Bengal and Assam, where the Dayabhaga School is followed.

Under the Mitakshara system, property, particularly ancestral property, is treated as belonging to the entire joint family, and each male member (known as a coparcener) has an equal right to it by birth. This means that as soon as a son is born, he automatically acquires a share in the family property, even though the father may still be alive. The property is collectively managed by the Karta, the head of the family, who is responsible for the family's affairs.

One of the key principles of the Mitakshara School is the idea of coparcenary, which refers to a group of family members who hold joint rights to family property. In this system, the property cannot be alienated by an individual without the consent of other coparceners. However, it allows for the partition of property, meaning that any coparcener can demand a division of the property at any time.

The Mitakshara system remained the dominant form of Hindu law until the Hindu Succession Act of 1956 and its subsequent amendments, which sought to make inheritance more equitable, particularly by granting daughters the same inheritance rights as sons in ancestral property, a change that was fully brought about by the Hindu Succession (Amendment) Act, 2005.

In summary, the Mitakshara School of Hindu law primarily focuses on joint family ownership, where property rights are inherited by birth, and it emphasizes the collective ownership and management of family assets.

Sub-Division Of Mitakshara School

The Mitakshara School of Hindu law is further subdivided into different regional branches based on local customs and practices. These sub-divisions reflect the variations in the application of Mitakshara principles in different parts of India. The major sub-divisions of the Mitakshara School are:

1. Benares (Varanasi) School: The Benares School of Mitakshara is one of the oldest and most influential. It is predominantly followed in the region around Varanasi (now in Uttar Pradesh). This school places emphasis on the right of the son to inherit ancestral property, where sons have a right from birth to the ancestral property. It also recognizes the joint family system, where the eldest male member (Karta) manages the family’s property.

2. Bombay (Mumbai) School: The Bombay School of Mitakshara is followed in Maharashtra and some parts of Gujarat. This school slightly deviates from the traditional Mitakshara system by allowing a son to have a limited share in the ancestral property. In the Bombay School, the share of a son can be fixed by the father during his lifetime. This region also allows greater flexibility in property management, with more emphasis on the personal rights of family members.

3. Madras (Chennai) School: The Madras School, which is predominant in South India, particularly in Tamil Nadu, Kerala, and parts of Andhra Pradesh, is closely aligned with the general Mitakshara principles but also emphasizes certain local practices. It stresses the rights of female members to some degree and recognizes self-acquired property rights.

4. Mithila (Bihar) School: The Mithila School, primarily followed in Bihar and parts of Nepal, adds some local customs to the Mitakshara system. The distinctions here are often based on regional inheritance laws, but the basic tenets of joint family property and coparcenary rights remain intact.

These sub-divisions of the Mitakshara School are shaped by the local customs, cultural practices, and historical influences in the respective regions. While they all follow the core principles of the Mitakshara system, such as the joint family and birthright to property, they incorporate variations that make them unique to the areas where they are practiced.

Founder of Mitakshara School of Hindu Law

The Mitakshara School of Hindu law was founded by Vijnaneshwara, a renowned Indian jurist and scholar. Vijnaneshwara wrote the Mitakshara, a commentary on the Yajnavalkya Smriti, a classical text of Hindu law. His work is considered one of the most authoritative texts in Hindu legal tradition.

Vijnaneshwara's Mitakshara commentary provides comprehensive explanations and interpretations of various legal issues, such as inheritance, property rights, and family relations. 

His work became the basis for the Mitakshara system, which is followed in most parts of India, governing the succession and partition of ancestral property. Vijnaneshwara's ideas were influential in shaping the Hindu law system, especially with regard to the joint family structure and the rights of coparceners.

Salient Features of Mitakshara School of Hindu Law

The Mitakshara School of Hindu law has several distinctive features that set it apart from other schools, particularly in terms of inheritance, property rights, and family relations. Here are some of its salient features:

Joint Family System:

• The Mitakshara School is based on the concept of the joint family. A joint family consists of individuals related by blood, typically three or more generations, who live together and share a common ancestral property.
• The property within a joint family is managed by a male head known as the Karta, who has the authority to make decisions on behalf of the family.

Coparcenary:

• The system of coparcenary is central to the Mitakshara School. A coparcener is a male member of the joint family who has a right to the family property by birth.
• A coparcener’s share in the ancestral property is not fixed until a partition occurs, but he has an undivided right in the property.
• A son, grandson, or great-grandson is considered a coparcener and has a right to the family property upon birth.

Birthright to Ancestral Property:

• Under the Mitakshara system, the right to ancestral property is acquired by birth. As soon as a son is born, he automatically becomes a coparcener and gains a right in the family’s ancestral property, regardless of whether the property is partitioned or not.

Partition of Property:

• Partition of the family property can be demanded by any coparcener at any time, even during the lifetime of the father or head of the family. A partition leads to the division of property among the coparceners, and each coparcener receives a share.
• The Mitakshara system allows for partial partitions, where only some of the property may be divided, and the rest remains undivided.

Ancestral Property vs. Self-Acquired Property:

• Ancestral Property: Property inherited from the paternal ancestors up to three generations is considered ancestral. It is collectively owned by the coparceners, and no individual can alienate it without the consent of other coparceners.
• Self-Acquired Property: Property that is acquired by an individual using his own resources, not inherited from ancestors, is treated as his personal property. He has the right to deal with it as he wishes, including selling or gifting it.

Role of the Karta:

• The Karta is the head of the family and plays a crucial role in the management of the joint family’s property. He has the authority to make decisions on behalf of the family, manage its finances, and represent the family in legal matters.
• The position of Karta is generally held by the eldest male member of the family, but the 2005 amendment to the Hindu Succession Act allows daughters to also become the Karta in certain situations.

Daughters’ Rights (Pre-2005 Law):

• Prior to the Hindu Succession (Amendment) Act, 2005, daughters were not entitled to be coparceners under the Mitakshara system. However, they had the right to maintenance from the family property.
• After the amendment, daughters were granted the same rights as sons in ancestral property, and they became coparceners by birth, thereby bringing gender equality into the system.

No Right of Alienation:

• A coparcener cannot alienate ancestral property (e.g., sell or mortgage it) without the consent of the other coparceners. This rule protects the collective interest of the family and ensures that the family property remains within the family.

Devolution of Property:

• In case of the death of a coparcener, the property is inherited by the legal heirs according to the Mitakshara system. Sons, daughters, and other heirs have specific rights to inheritance, with sons and daughters typically inheriting the property equally after the Hindu Succession Act amendment of 2005.

In summary, the Mitakshara School of Hindu law is characterized by its emphasis on joint family ownership, the right of sons (and now daughters, after legal reforms) to ancestral property by birth, and the system of coparcenary that governs the division and management of family assets.

Partition Under Mitakshara School of Hindu Law

Under the Mitakshara School of Hindu law, partition refers to the process through which the joint family property is divided among the coparceners (members of the family who have inherited a share by birth). Partition is an essential concept in the Mitakshara system, and it can occur either voluntarily or through legal action. Below is a detailed explanation of how partition works under the Mitakshara School:

1. Right to Partition:

• In the Mitakshara system, every coparcener (male member of the family) has an undivided share in the family property, which can be claimed when the partition takes place.
• The right to partition is available to any coparcener, and it can be demanded by a coparcener at any time, even during the lifetime of the father or the family head (Karta).
• However, before the Hindu Succession (Amendment) Act, 2005, only male members of the family had the right to demand a partition. After the amendment, daughters became coparceners as well, and they now have the same rights as sons regarding partition.

2. Types of Partition:

• Total Partition: A total partition refers to the complete division of all family property, where each coparcener receives a share, and the property is no longer jointly owned. The coparceners go their separate ways, and the joint family ceases to exist.
• Partial Partition: In a partial partition, only a part of the joint family property is divided among the coparceners, while the rest remains undivided. The joint family continues to exist, and the coparceners continue to share the remaining property.

3. Mode of Partition:

• Voluntary Partition: A partition can occur voluntarily when the coparceners mutually agree on how the property should be divided. This agreement can be in the form of a family settlement, and it does not necessarily require a legal process, though it is advisable to document it formally.
• Partition by Legal Action: If the coparceners are unable to reach an agreement on their own, any coparcener can approach the court for a legal partition. The court will then divide the property according to the rules of the Mitakshara School, ensuring each coparcener receives a fair share.

4. Property Eligible for Partition:

• Ancestral Property: The main type of property eligible for partition under the Mitakshara system is ancestral property. This includes property inherited from the paternal side and passed down through three generations.
• Self-Acquired Property: Property that an individual acquires with his own resources (not inherited) is not subject to the same rules of partition. It is treated as his personal property, and he can decide to dispose of it as he wishes, including by giving it to family members or excluding them entirely.

5. Effect of Partition:

• Once the partition takes place, the joint family ceases to exist, and each coparcener becomes the absolute owner of his share in the property.
• After the partition, the property is no longer held in common, and each coparcener’s right to the property becomes separate and independent.

6. Devolution of Property after Partition:

• After the partition, if a coparcener dies, his share in the property is passed on to his legal heirs according to the applicable inheritance laws. The property is now treated as individual property rather than joint family property.
• The Hindu Succession Act, 1956 and its amendments govern the devolution of property after the death of a coparcener.

7. Family Settlements and Partition:

• Sometimes, rather than going to court, the family may choose to settle their differences through a family settlement, where all members agree to divide the property amicably. This is a non-litigation method of partition.
• Family settlements are often preferred as they save time and maintain family harmony.

8. Importance of Partition Deed:

• A partition deed is an essential legal document that records the division of property among coparceners. This deed outlines the shares of each coparcener and helps prevent future disputes. In the case of voluntary partition, it is advisable to register the partition deed to make it legally binding.

9. Challenges in Partition:

• In practice, partition can be complicated due to various factors, such as disputes between family members, unequal distribution of property, and the difficulty of dividing property that cannot be physically split (like land). In such cases, the court may intervene to ensure an equitable division.

10. Effects of Partition on Family Relations:

• Partition can lead to a separation of the family, with coparceners no longer sharing a common living space. It may result in changes to family dynamics, but it also allows each coparcener to have control over their share of property.

The partition under the Mitakshara School of Hindu law is a process that divides the joint family property among the coparceners. It can be initiated at any time by any coparcener, and it leads to the cessation of joint family ownership. With the introduction of the Hindu Succession (Amendment) Act, 2005, the system now provides for equal rights to daughters in terms of partition, ensuring greater gender equality in the inheritance process.

Difference Between Mitakshara and Dayabhaga School of Hindu Law

The Mitakshara and Dayabhaga schools of Hindu law are two major systems that govern inheritance and property rights under Hindu law in India. While both systems deal with similar issues, such as succession, property rights, and inheritance, they differ in their approach, principles, and the way property is inherited. Below are the key differences between the two schools:

1. Origin and Founders:

• Mitakshara School: The Mitakshara system was founded by Vijnaneshwara, who wrote the Mitakshara as a commentary on the Yajnavalkya Smriti. It is followed in most parts of India, except for Bengal and Assam.
• Dayabhaga School: The Dayabhaga system was founded by Jimutvahana, who wrote the Dayabhaga, a text that is followed primarily in Bengal and Assam.

2. Principle of Inheritance:

• Mitakshara School: The Mitakshara system is based on the principle of coparcenary, where a person's right to ancestral property is acquired by birth. Sons (and now daughters, after the 2005 amendment) automatically have a right in the family property as soon as they are born.
• Dayabhaga School: The Dayabhaga system is based on the principle of severality, meaning that a person’s right to ancestral property arises only after the father’s death. In this system, inheritance is not by birth but by will or succession after the father’s death.

3. Right to Ancestral Property:

• Mitakshara School: Under Mitakshara, property remains joint, and the coparceners have an undivided share in the ancestral property, which can be demanded at any time through partition.
• Dayabhaga School: In Dayabhaga, there is no concept of coparcenary. A person does not acquire any right in ancestral property until the father's death, and the property is considered separate until then.

4. Partition of Property:

• Mitakshara School: In the Mitakshara system, any coparcener can demand a partition of the ancestral property at any time. Partition can occur during the lifetime of the father or family head.
• Dayabhaga School: The Dayabhaga system does not allow partition during the lifetime of the father. The property remains undivided until the father’s death. Upon his death, the property is divided among the heirs according to the rules of inheritance.

5. Role of Sons and Daughters:

• Mitakshara School: Sons have an automatic right to the ancestral property by birth, and they are considered coparceners. Daughters did not have coparcenary rights before the 2005 amendment to the Hindu Succession Act, but after the amendment, daughters are also treated as coparceners and have equal rights as sons in ancestral property.
• Dayabhaga School: Sons inherit the property after the father’s death, but the Dayabhaga system gives equal inheritance rights to sons and daughters, and both can inherit the father’s property equally, subject to the father’s will or customary practices.

6. Devolution of Property:

• Mitakshara School: Property devolves according to lineal descendants (sons, grandsons, etc.), and the right of inheritance is automatic by birth.
• Dayabhaga School: Property devolves only after the father’s death, and inheritance is based on the rules of succession. The property is distributed according to the father’s will or customary practices, with all heirs inheriting equally.

7. Concept of Will:

• Mitakshara School: In the Mitakshara system, the concept of a will does not play a significant role. The property is considered ancestral, and rights are automatically passed to the coparceners.
• Dayabhaga School: The Dayabhaga system recognizes the concept of a will and allows the father to dispose of his property by will. This gives the father the right to choose how the property will be distributed after his death.

8. Family Property:

• Mitakshara School: Family property is held in joint ownership, and the joint family continues to exist as long as the property remains undivided.
• Dayabhaga School: There is no concept of joint family ownership. Family property is treated as separate property until the father’s death.

9. Gender Equality:

• Mitakshara School: Historically, women, especially daughters, did not have the same inheritance rights as sons under the Mitakshara system. However, the Hindu Succession (Amendment) Act, 2005, gave daughters the same rights as sons in ancestral property.
• Dayabhaga School: Daughters have equal inheritance rights to property under the Dayabhaga system, even without the need for legislative changes.

The Mitakshara and Dayabhaga schools of Hindu law differ in fundamental ways, primarily in terms of how inheritance and property rights are structured. While the Mitakshara system is based on the concept of coparcenary and inheritance by birth, the Dayabhaga system emphasizes inheritance after the father’s death and allows for a more individualistic distribution of property. The Mitakshara system is followed in most parts of India, while Dayabhaga is predominantly followed in Bengal and Assam.