Legal Article

Mitakshara Hindu

Shivendra Pratap Singh


High Court Lucknow

Article | Family Law

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Published on: 23 Jan, 2023

Mitakshara Hindu is one of the two main schools of Hindu law in India, the other being Dayabhaga. It primarily governs the inheritance laws and family relations of Hindus in northern and western India, including states such as Uttar Pradesh, Bihar, Madhya Pradesh, Maharashtra, and Gujarat.

The Mitakshara law is based on the ancient Hindu texts, the Mitakshara and the Dayabhaga. It recognizes the concept of the joint Hindu family and coparcenary property, which is property that is owned and managed by the joint family, and it is passed down from generation to generation through inheritance.

Traditionally, the coparceners were only the male members of the joint family, but after the amendment of the Hindu Succession Act in 2005, daughters also have the right to be coparceners and have the same rights as sons to inherit the property of their father or grandfather as a coparcener. This applies to the living daughters on 9th September 2005, regardless of when their father or grandfather died.

The Mitakshara school of Hindu law also recognizes the concept of stridhana, which is property that belongs exclusively to a woman, such as gifts or inheritance from her father, brother, or husband.

It’s important to note that the laws of inheritance in India vary depending on the religion of the deceased person, and it’s always best to consult with a lawyer who is familiar with the laws of your jurisdiction to understand the specific provisions and regulations of the Hindu Succession Act and the Mitakshara Hindu law.