Today India has two famous schools of family law and
inheritance; Mitaksara and Dayabhaga. They are named after the medieval legal
texts on which they are based. While most
families of Eastern region of India including Bengal and Assam follow the rules
of Dayabhaga, while Mitaksara is followed generally by the rest of India.
The main difference between these two schools is that while
according to the Dayabhaga school, son has a right in the family property only on
the death of father, Mitaksara maintains that sons and grandsons have rights over
the property even before the death of father.
A commentary on the lawbook of Yajnnavalkya, Mitaksara was
written by Vijnasevara, who was patronized by Western Chalukya emperor Vikramaditya VI
(c. 1075-1127). Dayabhaga was compiled by eminent medieval jurist Jimutavahana in
the 12th century.
No comments:
Post a Comment