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.
It derives its authority from the Yajnavalkya Smriti, with the renowned 11th-century jurist Vijnaneshwara providing an extensive commentary called the Mitakshara, meaning “a concise word” or “gloss.” This commentary became one of the most influential texts in the development of Hindu personal laws, particularly in matters relating to inheritance, partition, coparcenary rights, and property distribution.
The Mitakshara School is applicable in most parts of India, including Uttar Pradesh, Madhya Pradesh, Bihar, Maharashtra, Gujarat, Rajasthan, Tamil Nadu, Karnataka, Andhra Pradesh, and Odisha. Only the states of West Bengal and Assam follow the Dayabhaga School.
This blog provides a detailed understanding of the Mitakshara School, including its historical background, key principles, coparcenary system, inheritance rules, differences from Dayabhaga, and its relevance under modern Hindu law.
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.
Concept of Coparcenary under Mitakshara Law
The concept of coparcenary is central to the Mitakshara School and refers to a narrow body of family members who have special rights in the ancestral property by virtue of birth.
Members of Coparcenary
Under Mitakshara, a coparcenary consists of:
-
The father
-
His sons
-
Grandsons
-
Great-grandsons
These four generations constitute a single unit that collectively owns the property. Before the 2005 amendment, only male members could be coparceners, but now daughters are equally entitled.
Rights of a Coparcener
-
A coparcener acquires rights in the ancestral property by birth.
-
He or she has the right to demand partition and claim an equal share.
-
A coparcener can alienate their share under certain conditions, such as legal necessity or benefit of the estate.
Types of Property under Mitakshara School
The Mitakshara School classifies property into two main categories:
1. Ancestral Property
-
Property inherited from father, grandfather, or great-grandfather.
-
A coparcener acquires a right in ancestral property automatically by birth.
-
This property is shared equally among all coparceners, including daughters (post-2005).
2. Separate or Self-Acquired Property
-
Property obtained through personal efforts, gifts, wills, or other means not connected to the ancestral estate.
-
The owner has full rights to manage and dispose of this property.
-
Upon the owner’s death, the property is distributed according to the Hindu Succession Act and not through survivorship.
Historical Background of Mitakshara School
The Mitakshara School originated in the 11th century through the work of Vijnaneshwara, a distinguished jurist and scholar in the court of King Vikramaditya VI of the Chalukya dynasty. His commentary on the Yajnavalkya Smriti consolidated and clarified the principles of Hindu law prevalent at the time.
The Mitakshara gradually became the most authoritative source of Hindu property law across India. It was widely accepted because of its systematic interpretation of complex legal concepts and its balanced approach between religious principles and practical legal issues.
The principles laid down in the Mitakshara formed the foundation of traditional Hindu inheritance laws and later influenced statutory enactments, including the Hindu Succession Act, 1956, and its amendment in 2005, which brought significant changes to women’s property rights.
Sub-Division Of Mitakshara School
The Mitakshara School of Hindu Law is one of the two major schools of Hindu personal law in India, the other being the Dayabhaga School. Originating from Vijnaneshwara’s commentary on the Yajnavalkya Smriti in the 11th century, the Mitakshara School is followed in most parts of India. Over time, this school evolved into five regional sub-divisions, each interpreting the principles of Mitakshara differently based on local customs, traditions, and judicial practices.
Although the core concepts like coparcenary, inheritance, and partition remain the same, there are slight variations in rules across these sub-schools. Let us understand each one in detail.
1. Benaras School
-
Region: Uttar Pradesh, Bihar, Madhya Pradesh, and parts of Odisha
-
The Benaras School is considered the most authoritative sub-division of Mitakshara.
-
It strictly follows the original principles of Vijnaneshwara but also recognizes certain local customs.
-
It has significantly influenced Hindu law judgments in northern and central India.
2. Mithila School
-
Region: North Bihar and parts of Jharkhand
-
The Mithila School places special emphasis on the rights of widows and daughters compared to other sub-schools.
-
Traditionally, it allowed widows to inherit property in the absence of male heirs, which was more progressive than the older Mitakshara rules.
-
It also has unique rules regarding the succession of property owned by female members.
3. Bombay School
-
Region: Maharashtra, Gujarat, and parts of Karnataka
-
The Bombay School adopts a liberal approach and is considered more flexible compared to other sub-schools.
-
It allows the father greater power over the disposal of ancestral property.
-
This sub-school has influenced several modern judgments related to self-acquired property and joint family property rights.
4. Dravida or Madras School
-
Region: Tamil Nadu, Andhra Pradesh, Kerala, and parts of Karnataka
-
The Dravida School follows Mitakshara principles but recognizes local customs in southern India.
-
It introduced certain unique rules regarding the inheritance rights of daughters and allowed adopted sons similar rights to biological sons.
-
This sub-school’s flexible approach makes it distinct from the stricter Benaras School.
5. Punjab School
-
Region: Punjab and parts of Haryana
-
The Punjab School has strong influence from local agricultural customs.
-
It allows the widest freedom to the father in disposing of both ancestral and self-acquired property.
The Mitakshara School of Hindu Law has evolved over centuries through five regional sub-divisions: Benaras, Mithila, Bombay, Dravida, and Punjab. These sub-schools reflect a blend of scriptural interpretation and regional customs, creating slight variations in property and inheritance rules. Even after the Hindu Succession Act, 1956, and the 2005 amendment, which granted equal rights to daughters, these sub-divisions remain important for understanding property disputes, succession rights, and local practices in India.
Rules of Inheritance under Mitakshara Law
The Mitakshara School of Hindu Law is one of the two major schools of Hindu personal law in India, the other being the Dayabhaga School. It is based on Vijnaneshwara’s commentary on the Yajnavalkya Smriti and governs issues related to property rights, succession, and inheritance. Followed in most parts of India, the Mitakshara system introduced the concept of coparcenary, where male members of a Hindu family traditionally inherited ancestral property by birth.
However, several reforms, especially the Hindu Succession Act, 1956, and the Hindu Succession (Amendment) Act, 2005, have modernized these rules, granting equal rights to daughters and reducing gender inequality. Below is a detailed explanation of the rules of inheritance under Mitakshara law.
1. Concept of Coparcenary and Birthright
Under Mitakshara law, a coparcenary consists of the father, sons, grandsons, and great-grandsons up to four generations. A coparcener acquires an interest in ancestral property automatically by birth.
-
Before 2005, only male members had rights in coparcenary property.
-
After the Hindu Succession (Amendment) Act, 2005, daughters were recognized as coparceners by birth, giving them equal inheritance rights.
2. Doctrine of Survivorship (Before 1956)
Traditionally, Mitakshara followed the doctrine of survivorship. Upon the death of a coparcener, his share automatically passed to the surviving coparceners rather than being distributed among his heirs.
For example:
If a father and two sons jointly own property and the father dies, his share automatically goes to the two sons, not to his widow or daughters.
This principle was later abolished by the Hindu Succession Act, 1956.
3. Hindu Succession Act, 1956 – Change in Rules
The Hindu Succession Act, 1956 brought significant reforms:
-
The doctrine of survivorship was abolished for separate property but continued for ancestral property.
-
Widows, daughters, and mothers were recognized as legal heirs in the absence of male coparceners.
-
Female heirs received the right to inherit property, but not as coparceners under the old rules.
4. Hindu Succession (Amendment) Act, 2005 – Equal Rights for Daughters
The 2005 amendment transformed Mitakshara inheritance laws by ensuring gender equality:
-
Daughters became coparceners by birth, enjoying the same rights and liabilities as sons.
-
Married daughters also gained equal rights in ancestral property.
-
They can demand partition of ancestral property and claim their lawful share.
-
If a daughter dies, her legal heirs, including her children, are entitled to inherit her share.
This amendment aligned Mitakshara principles with constitutional values of equality and justice.
5. Order of Inheritance under Mitakshara Law
Under the Hindu Succession Act, 1956, property devolves upon the Class I heirs first. These include:
-
Son
-
Daughter
-
Widow
-
Mother
-
Son/Daughter of a predeceased son
-
Son/Daughter of a predeceased daughter
If no Class I heirs exist, the property passes to Class II heirs (father, brother, sister, etc.). If none exist, it devolves upon agnates (relatives from the father's side), then cognates (relatives from the mother's side).
6. Partition Rights under Mitakshara Law
Before 2005, only sons could demand partition. After the amendment:
-
Daughters also have the right to demand partition of ancestral property.
-
On partition, each coparcener, including daughters, receives an equal share.
For example:
If a father, one son, and one daughter are coparceners, the property is divided equally into three shares.
7. Impact of Reforms on Mitakshara Inheritance
The shift from the traditional survivorship system to the modern succession system under the Hindu Succession Act has:
-
Strengthened women’s property rights
-
Ensured equal distribution of ancestral property
-
Reduced family disputes arising from inheritance issues
The rules of inheritance under Mitakshara law have evolved significantly over time. Initially, inheritance was restricted to male coparceners through the doctrine of survivorship, but with the Hindu Succession Act, 1956, and its 2005 amendment, the system now guarantees equal rights for daughters and sons. Today, Mitakshara inheritance rules reflect the principles of fairness, equality, and gender justice while preserving the traditional structure of the Hindu Undivided Family (HUF).
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 is one of the two main schools of Hindu personal law in India, the other being the Dayabhaga School. Derived from Vijnaneshwara’s commentary on the Yajnavalkya Smriti in the 11th century, it is the most widely followed system of inheritance and property rights among Hindus in India. The Mitakshara School has significantly influenced the legal framework related to coparcenary, inheritance, partition, and property ownership. Even today, it continues to play a vital role, although several reforms, especially the Hindu Succession Act, 1956, and the 2005 amendment, have modified its application.
Below are the key salient features of the Mitakshara School:
1. Basis of Authority
The Mitakshara School is based on the Yajnavalkya Smriti and interpreted by Vijnaneshwara in his famous commentary called Mitakshara, meaning “a concise word.” Over the centuries, it became the most accepted source of Hindu law in India.
2. Concept of Coparcenary
One of the most important features of Mitakshara law is the concept of coparcenary. A coparcenary consists of four generations of male descendants in a family — the father, son, grandson, and great-grandson — who jointly own ancestral property. Traditionally, daughters were excluded, but after the Hindu Succession (Amendment) Act, 2005, daughters are now treated as equal coparceners by birth.
3. Right by Birth
Under Mitakshara law, every coparcener acquires an interest in ancestral property automatically at birth. This means that even a newborn son or daughter (after the 2005 amendment) has a legal right in the family property.
4. Joint Family System
The Mitakshara School recognizes the Hindu Undivided Family (HUF), where the entire family owns property collectively. The property is managed by the Karta (head of the family), usually the eldest male member. However, with reforms, a female coparcener can also become the Karta in certain situations.
5. Power of the Father
In the Mitakshara system, the father cannot dispose of the entire ancestral property at his will. He can only manage the property on behalf of the family. However, he can gift or sell his self-acquired property without the consent of other coparceners.
6. Rules of Inheritance and Partition
-
Inheritance is based on the principle of survivorship — property automatically passes to the remaining coparceners upon a member’s death.
-
However, after the Hindu Succession Act, 1956, and especially the 2005 amendment, inheritance is now by succession, where daughters have an equal share.
-
Partition can be demanded by any coparcener, including daughters after 2005.
7. Geographical Application
The Mitakshara School is followed across most parts of India, including Uttar Pradesh, Bihar, Maharashtra, Gujarat, Rajasthan, Tamil Nadu, Karnataka, and Madhya Pradesh. The Dayabhaga School applies only in West Bengal and Assam.
8. Position of Women
Historically, Mitakshara law discriminated against women, excluding them from coparcenary rights. But with the Hindu Succession (Amendment) Act, 2005, daughters were placed on an equal footing with sons, making the system more gender-just.
9. Modern Relevance
Even after several reforms, the Mitakshara School remains relevant today, especially in matters related to:
-
Ancestral property disputes
-
Coparcenary rights
-
Hindu Undivided Family taxation
-
Partition and succession cases
The Mitakshara School of Hindu Law has shaped the foundation of Hindu inheritance and property laws in India for centuries. While many of its traditional rules have been reformed to ensure gender equality and fairness, its core principles, especially coparcenary and joint family ownership, continue to influence modern legal practices. Understanding its salient features is essential for law students, legal practitioners, and anyone dealing with property rights under Hindu law.
Partition Under Mitakshara School of Hindu Law
The Mitakshara School of Hindu Law, derived from Vijnaneshwara’s commentary on the Yajnavalkya Smriti, is one of the most influential systems governing Hindu inheritance and property rights in India. It is followed in most parts of the country except West Bengal and Assam, where the Dayabhaga School applies. One of the most significant concepts under Mitakshara law is “partition”, which deals with the division of joint family property among coparceners.
Meaning of Partition under Mitakshara Law
Under the Mitakshara School, a Hindu Undivided Family (HUF) owns property collectively through a system called coparcenary. A coparcenary consists of male members up to four generations: the father, son, grandson, and great-grandson.
Partition means severance of the joint status of the coparceners. After partition, the joint family property is divided, and each coparcener receives his specific and independent share, which he can manage, sell, or gift as his personal property.
Who Can Demand Partition
Traditionally, under Mitakshara law, only male coparceners—sons, grandsons, and great-grandsons—had the right to demand partition. However, after the Hindu Succession (Amendment) Act, 2005, daughters were also recognized as coparceners by birth and given equal rights.
Now, the following members can demand partition:
-
Father
-
Sons
-
Daughters (after 2005 amendment)
-
Grandsons
-
Great-grandsons
However, the mother, grandmother, and widows are not coparceners and cannot demand partition themselves. Yet, they are entitled to a share when partition happens.
Types of Partition under Mitakshara Law
Partition under the Mitakshara School can be of two types:
1. Partition by Severance of Status
This occurs when one or more coparceners express a clear intention to separate from the joint family. The expression can be oral, written, or even through legal notice. Once the intention is communicated, the joint status is broken, even if the property has not yet been physically divided.
2. Partition by Division of Property
This involves the actual division of joint property among coparceners. After this, each member becomes the absolute owner of his or her share and can deal with it independently.
Share of Coparceners at the Time of Partition
The share of each coparcener is determined at the time partition takes place, not at the time of birth. Traditionally, sons, grandsons, and great-grandsons inherited equal shares. After the 2005 amendment, daughters also receive an equal share like sons.
For example:
-
If a father and his two sons partition property, each gets 1/3rd share.
-
If a daughter exists, she too gets an equal 1/3rd share after the amendment.
Effect of the Hindu Succession (Amendment) Act, 2005
Before 2005, only male coparceners had the right to demand partition under Mitakshara law. Daughters were excluded, leading to gender inequality.
However, after the amendment:
-
Daughters became coparceners by birth.
-
They have the same rights and liabilities as sons.
-
They can demand partition and inherit ancestral property equally.
-
Even married daughters enjoy equal rights in their parental property.
This amendment modernized the Mitakshara system and aligned it with constitutional principles of equality.
Effect of Partition
Once a partition is completed:
-
The joint family status ends.
-
The property becomes self-acquired for each coparcener.
-
Each member has full ownership and control over their share.
-
Future generations cannot claim automatic birthrights in that separated property.
Partition under the Mitakshara School of Hindu Law is a crucial process that governs the division of ancestral property among family members. Traditionally, it favored male coparceners, but with the Hindu Succession (Amendment) Act, 2005, daughters now enjoy equal rights in partition and inheritance. Today, the Mitakshara principles coexist with modern reforms, ensuring fairness, gender equality, and better protection of property rights.
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.
Mitakshara vs. Dayabhaga School of Hindu Law
The Mitakshara and Dayabhaga schools are the two major branches of Hindu personal law governing inheritance, succession, and property rights in India. Both derive their foundation from the Yajnavalkya Smriti but differ in principles, application, and geographical prevalence.
The Mitakshara School, derived from Vijnaneshwara’s commentary, is followed in most parts of India, including Maharashtra, Gujarat, Uttar Pradesh, Bihar, Madhya Pradesh, and Tamil Nadu. It introduces the concept of coparcenary, where a son acquires rights in ancestral property by birth. Traditionally, this coparcenary included male members up to four generations—father, son, grandson, and great-grandson. However, after the Hindu Succession (Amendment) Act, 2005, daughters were given equal rights as sons in ancestral property, enabling them to demand partition and inherit property equally.
In contrast, the Dayabhaga School, founded by Jimutavahana, is followed mainly in West Bengal and Assam. Unlike Mitakshara, under Dayabhaga, a son does not acquire property rights by birth. Instead, rights arise only after the father's death, meaning the father enjoys absolute ownership during his lifetime.
Thus, the Mitakshara focuses on joint family ownership, while the Dayabhaga emphasizes individual ownership and succession after death. Even today, both schools remain relevant, though legislative reforms have brought them closer to modern principles of equality and fairness.
Impact of Hindu Succession (Amendment) Act, 2005
The Hindu Succession (Amendment) Act, 2005 brought a historic transformation in Hindu inheritance laws, especially under the Mitakshara School of Hindu Law. Before the amendment, only male coparceners—sons, grandsons, and great-grandsons—had birthrights in ancestral property, while daughters were excluded and could only claim Streedhan or maintenance.
The 2005 amendment granted equal coparcenary rights to daughters, placing them at par with sons. Daughters now have the right to inherit, demand partition, and dispose of their share in ancestral property, regardless of whether they are married or unmarried. It also clarified that if a daughter dies, her legal heirs can inherit her share.
This amendment marked a significant step toward gender equality and aligned personal laws with the constitutional principles of fairness and justice. Additionally, it abolished the Doctrine of Survivorship, meaning that upon the death of a coparcener, their share now passes to their legal heirs rather than automatically to the remaining coparceners.
The Act continues to have a major impact on property rights, inheritance disputes, and family settlements in India, empowering women and creating a more balanced and just legal framework.
Relevance of Mitakshara Law in Modern India
The Mitakshara School of Hindu Law, derived from Vijnaneshwara’s commentary on the Yajnavalkya Smriti, continues to hold significant importance in modern India, particularly in matters related to inheritance, coparcenary rights, and property distribution. Traditionally, Mitakshara governed the concept of coparcenary, where male members of a Hindu family automatically acquired rights in ancestral property by birth. However, its original provisions were often criticized for being gender-biased, as daughters were excluded from property rights.
The enactment of the Hindu Succession Act, 1956, brought several reforms but retained the Mitakshara framework. A major transformation came with the Hindu Succession (Amendment) Act, 2005, which granted equal coparcenary rights to daughters, allowing them to demand partition and inherit ancestral property like sons.
Despite these reforms, Mitakshara principles still influence the functioning of Hindu Undivided Families (HUFs), property disputes, and taxation matters in India. Its relevance lies in providing the foundation for modern inheritance laws while adapting to constitutional ideals of equality and justice. Thus, while reformed, Mitakshara remains an integral part of India’s legal and social framework.
Conclusion
The Mitakshara School of Hindu Law is one of the cornerstones of Hindu personal law in India. Rooted in the Yajnavalkya Smriti and explained through Vijnaneshwara’s Mitakshara commentary, it provides a comprehensive legal framework for dealing with inheritance, partition, and property rights. Over time, it has evolved significantly, especially with the 2005 amendment, which brought gender equality into ancestral property rights.
In modern India, while ancient principles remain relevant, reforms have ensured that property laws under the Mitakshara system align with constitutional values of equality and justice.
READ ALSO:-
COMMENTS