HUF - Meaning Of Important Term- “Mitakshara”

 

Mitakshara is one of the schools belonging to Hindu law. The Wikipedia dictionary defines Mitakshara as follows:-


The Mitakshara is a legal treatise on inheritance, written by Vijnaneshwara a scholar in the Western Chaiukya court in the 12th century. It became one of the most influential texts in Hindu law, and its principles regarding property distribution, property rights, and succession are still in practice across most of India except for West Bengal and Assam where the Dayabhaga system is practiced. A salient feature is the principle of division of ancestral property held by the Hindu joint family. Partition of such landholding among offsprings is possible even with the father still living unlike the Dayabhaga system.

 

The Mitakshara School exists throughout India except in the State of West Bengal and Assam. The Yagna Valkya Smriti was commented on by Vigneshwara under the title Mitakshara. The followers of Mitakshara arc grouped together under the Mitakshara School. Mitakshara school is based on the code of Yagnavalkya commented by Vigneshwara. Inheritance is based on the principle of propinquity i.e. ‘the nearest in blood relationship will get the property.


The school is followed throughout India except Assam and West Bengal state. Sapinda relationship is of blood. The right to 1 lindu joint family property is by birth. So, a son immediately after birth gets a right to the property.


The system of devolution of property is by survivorship. The share of coparcener in the joint family property is not definite or ascertainable, as their shares are fluctuating with births and deaths of the co-parceners.


‘there are four Sub-Schools under the Mitakshara School:


i.          Dravida School : (Madras school)


ii.          MAHARASHTRA SCI-IOOL: (BOMBAY SCHOOL)


iii.         BANARAS SCHOOL:


iv.        MITHILA SCHOOL:

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