Vijnaneshwara

SHARE:

Vijnaneshwara – The Great Jurist and His Contribution to Hindu Law | LAW ZONE

Vijnaneshwara was a renowned Indian jurist and legal scholar from the 12th century who played a pivotal role in shaping Hindu law through his authoritative commentary called the Mitakshara. His work remains one of the most influential legal texts in the history of Indian jurisprudence, particularly in the field of family law, property rights, and succession laws.


1️⃣ Who Was Vijnaneshwara?

🔹 Vijnaneshwara was a prominent legal scholar during the reign of the Chalukya king Vikramaditya VI (1076–1126 CE) in Karnataka.
🔹 He authored the famous text called Mitakshara, which became one of the primary commentaries on the Yajnavalkya Smriti.
🔹 His work brought clarity to ancient Hindu legal concepts and is widely recognized in modern Indian law, especially regarding property division, inheritance, and joint family systems.


2️⃣ The Mitakshara School of Hindu Law

The Mitakshara is a comprehensive legal commentary that interprets and explains the principles laid out in the Yajnavalkya Smriti.

🔹 Key Features of the Mitakshara School

✅ Emphasizes the joint family system, where property is held collectively by family members.
✅ Establishes the concept of coparcenary, wherein male members acquire a birthright in ancestral property.
✅ Advocates the doctrine of survivorship, where property passes to surviving male members in the absence of a will.
✅ Introduced the idea of Pious Obligation, which holds that sons are responsible for paying off their father’s debts.


3️⃣ Key Legal Concepts Introduced by Vijnaneshwara

A. Coparcenary System

🔹 Vijnaneshwara defined the coparcenary system, where sons were granted birthrights in ancestral property.
🔹 This system allows property to be divided among male descendants as soon as they are born.
🔹 After the 2005 Amendment to the Hindu Succession Act, daughters also gained equal coparcenary rights.


B. Doctrine of Survivorship

🔹 According to Vijnaneshwara, when a member of a Hindu joint family dies, his property does not pass by inheritance but instead devolves by survivorship to other male coparceners.
🔹 This doctrine was abolished by the 2005 Amendment.


C. Women's Property Rights

🔹 Vijnaneshwara's Mitakshara initially limited women's inheritance rights, reflecting social norms of the time.
🔹 However, modern reforms like the Hindu Succession (Amendment) Act, 2005 corrected this imbalance, giving daughters equal property rights.


4️⃣ Mitakshara vs. Dayabhaga School

Vijnaneshwara’s Mitakshara School is one of the two principal schools of Hindu law, alongside the Dayabhaga School (prevalent in Bengal and Assam).

AspectMitakshara SchoolDayabhaga School
Inheritance RuleProperty is inherited by birthright.Property is inherited only after the father's death.
Joint Family PropertyEmphasizes joint ownership by family members.Emphasizes individual ownership of property.
Daughter's RightsPost-2005 Amendment, daughters enjoy equal rights as sons.Daughters receive a share only after the father's death.

5️⃣ Vijnaneshwara's Influence on Modern Indian Law

The principles laid out in Vijnaneshwara’s Mitakshara continue to shape modern Indian legal frameworks.

✅ The Hindu Succession Act, 1956 incorporated many of his ideas regarding coparcenary and joint family property.
✅ The 2005 Amendment ensuring daughters' equal property rights was a major step toward rectifying gender imbalances present in traditional Mitakshara law.
✅ Vijnaneshwara’s teachings still guide courts while interpreting disputes related to ancestral property and family rights.


6️⃣ Conclusion

Vijnaneshwara stands as a towering figure in Indian legal history whose contributions have shaped Hindu personal law for centuries. His work, the Mitakshara, remains an essential reference in Indian courts, especially for matters involving property disputes, inheritance, and joint family systems.

COMMENTS

Name

1st Amendment,1,42nd Amendment Act,1,Amendments,2,Art 23,1,Article 1,1,Article 11,1,Article 12,1,Article 13,1,Article 14,1,Article 15,1,Article 16,1,Article 18,1,Article 2,1,Article 20,1,Article 21,1,Article 21A,1,Article 22,1,Article 24,1,Article 25,1,Article 26,1,Article 27,1,Article 28,1,Article 29,1,Article 3,1,Article 30,1,Article 31,1,Article 31A,1,Article 31B,1,Article 31C,1,Article 31D,1,Article 32,1,Article 32A,1,Article 33,1,Article 34,1,Article 4,1,Article 5,1,Article 51A,1,Article 6,1,Article 7,1,Article 8,1,Article 9,1,Bare Acts,1,Career,4,Constitution,45,Constitution of India,1,Coparcenary,1,Corporate Law Firms,1,Dayabhaga School,1,DPSP,1,Equality,1,Exams,2,Fraternity,1,Fundamental duties,1,Fundamental Rights,1,Hindu Adoptions and Maintenance Act,2,Hindu Law,10,Hindu Succession Act,1,Indian Acts,4,Indian Constitution,1,Indian Laws,2,Indian Polity,7,Joint Family System,1,Justice,1,Law Colleges,3,Legal Scholars,1,Liberty,1,MH CET,1,Mitakshara School,1,Parliament,1,Property Rights,1,Section 18,1,SLAT,1,Socialist Principles,1,State Legislatures,1,Vijnaneshwara,1,Welfare State,1,Yajnavalkya Smriti,1,
ltr
item
LAW ZONE - The Indian Legal Education Portal !: Vijnaneshwara
Vijnaneshwara
Vijnaneshwara was a renowned Indian jurist and legal scholar from the 12th century who played a pivotal role in shaping Hindu law through his authorit
LAW ZONE - The Indian Legal Education Portal !
https://www.lawzone.in/2025/03/vijnaneshwara.html
https://www.lawzone.in/
https://www.lawzone.in/
https://www.lawzone.in/2025/03/vijnaneshwara.html
true
8892816968997279803
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content