What are the various schools of Hindu law?

Mitakshara and Dayabhaga are the two important schools of Hindu Law which have given us the required information about the present legislated laws.

What are the various schools of Hindu law distinguish between Mitakshara school 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 sources and schools of Hindu law?

The Dayabhaga and Mitakshara are the two major schools of Hindu law. The Dayabhaga school of law is based on the commentaries of Jimutvahana (author of Dayabhaga which is the digest of all Codes) and the Mitakshara is based on the commentaries written by Vijnaneswar on the Code of Yajnavalkya.

What is Mitakshara and Dayabhaga school?

The Dayabhaga and The Mitakshara are the two schools of law that govern the law of succession of the Hindu Undivided Family Under Indian Law. The Dayabhaga School of law is observed in Bengal and Assam. … The Mitakshara School of Law is sub-divided into the Banaras, Mithila, Maharashtra and Dravida or Madras schools.

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What are the two main school of Hindu law?

The two major schools of Hindu law are as follows:

Mitakshara and Dayabhaga are the two important schools of Hindu Law which have given us the required information about the present legislated laws.

Who is Hindu in family law?

Broadly speaking, Hindu law applies to any person (i) who is a Hindu, Jain, Buddhist or Sikh by religion,1 (ii) who is born of Hindu parents, i.e., parents who are Hindus, Jains, Budhists or Sikhs (and in case one of the parents is a non-Hindu, then if the child is brought up as Hindu) and (iii) who is not a Muslim, …

What are the main schools of Hindu law explain?

Two principal Schools—Mitakshara and Dayabhaga: The two main schools of Hindu Law are the”Mitakshara” and the `Dayabhaga’. These two schools of Hindu Law are marked by a vital difference of opinion and interpretations of the Smritis.

What are the main source of Hindu law?

The primary and important source of Hindu law is Vedas. According to tradition the Vedas also called Shruti. Shruti means what is heard by the Sages (Rishis). The Vedas are the fountain-head of Hindu religion and law.

What is Mitakshara system?

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.

Who is a Hindu as per Hindu law?

Any person who is born of Hindu Parents; 3. Any person who is not a Muslim, Christian, Parsi or Jew and who is not governed by any other law. practising it or by professing it is a Hindu. An attempt to define Hindu in terms of religion was made by the Supreme Court in Shastri v.

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Who can adopt under Hindu law?

Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband.

Is Lex loci A Hindu law?

Hindu law is a personal law. It is not lex loci it means law of the land. The laws which are applicable in a territory to all persons irrespective of their caste creed or race and religion are lex loci. … Thus it is a personal law.

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