Who is a Mitakshara Hindu?

Who is a Mitakshara Hindu?

Srutis: Srutis are ‘Vedas’.

‘What was heard from the God is called Srutis.’

There are four vedas viz. Rig, Yajur, Sama and Adharvana.

Sage Vyasar gave those Vedas.

Smritis: Smritis are what was recorded by the sages from Vedas.

Among the various Smritis, Naradha Smritis and Manu Smritis are famous.

Naradha Smritis deals with the power of the kings to make laws.

Manu Smritis and Brihaspati Smritis deal with all types of laws.

All the Smritis did not agree with each other and they differ in their own commentaries.

Their commentaries are called as ‘Nibandhas.’

Mitakshara School:

Vijnanesvara, a scholar, commended on the Smritis called ‘Yajnavalkya Smritis.’

Vijnanesvara’s commentaries on Yajnavalkya Smritis are called as Mitakshara School of Hindu Law. (It is prevailing throughout India except Bengal and Assam).

Jimutuvahana commentaries on Yajnavalkya Smritis are called as Dayabhaga School of Hindu Law. (It is prevailing in Bengal and Assam).

These two Schools are considered as one of the main authorities on HINDU LAW.

The main differences of the two Schools are:

1.       Under Mitakshara School, the right to inherit property is by birth of a son.

2.       Under Dayabhaga School, the right to inherit property is not by birth but only on the death of the father.

3.       Under Mitakshara School, the nearest in blood relation would get the property.

4.       Under Dayabhaga School, the person who offering ‘pinda’ (food offered to the deceased ancestor) would get the property.

5.       Under Mitakshara School, the devolution of property is by ‘survivorship.’

6.       Under Dayabhaga School, the devolution of property is by ‘inheritance.’

Under the old Hindu Mitakshara Law, only the male descendants alone take the joint family property and the females were not entitled to a share in the joint family property.

NOW after passing of the Hindu Succession Act 1956, it was changed drastically and thus certain female members are also entitled to the joint family property.

NOW after the Amendment Act 2005 (to the Hindu Succession Act 1956) the daughters are equally entitled to, at par a son, in the joint family property.