“SCHOOLS OF HINDU LAW”

SYNOPSIS SUBMITTED IN THE PARTIAL FULFILMENT OF THE COURSE TITLED –

FAMILY LAW- I

SUBMITTED TO:

Ms. Pooja Srivastava

TEACHER ASSOCIATE

SUBMITTED BY:

NAME: PRANAV RAJ

COURSE: B.B.A. LL.B (Hons.)

ROLL NO: 2030

SEMESTER: 3RD

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA – 800001

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 INTRODUCTION

With the exceptions of the Hindus and the Muslims, the other communities have no school. In
the case of Hindus, schools have some regional connotation, while it is not so in case of
Muslims, it is as per sects.

Hindu law has two main schools: the Mitakshara School and Dayabhaga. The former has five
sub-schools: the Mithila, the Benares, the Bombay, the Punjab and the south India or the
Dravida. The sub schools prevail in their respective jurisdictions and some matters modify the
Mitakshara law; otherwise it is the Mitakshara law which prevails. The Dayabhaga school of
Hindu law prevails in the Bengal, Assam, Tripura, Manipur, Mizoram, Arunachal and
Meghalaya. In rest of India, it is the Mitakshara School which has its sway. The Mitakshara
School prevails even in the Dayabhaga jurisdiction on all those mattes on which Dayabhaga is
silent.

The peculiarity of school of Hindu law is that if a Hindu governed by a school migrates to
another region (where different school has jurisdiction), he will continue to be governed by his
own school, unless he gives up school and adopts the law of the place where hi has settled. In the
modern Hindu law, schools have relevance only in respect of the uncodified Hindu law; they
have lost all their relevance in regard to the codified Hindu law.

Another important aspect of Hindu law is that a person will be governed by custom if he is able
to establish a custom applicable to him, even though such a custom is in derogation to Hindu
law. Although the codified Hindu law overrides all rules and customs of Hindu laws, yet such
has been the impact of custom that in certain areas custom has been expressly saved.

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 AIMS AND OBJECTIVES

1. The researcher tends to analyse the real motive of existence of schools of Hindu law.

2. To analyse the difference between different school of Hindu law.

3. To analyse whether the impact is still existing or not.

HYPOTHESIS

The researcher tends to hypothesise that there are two schools of Hindu law prevalent in India
having different laws and customs.

SCOPE AND LIMITATIONS

In this project the researcher will try to include different aspects, special attention will also be
provided on Migration between Different Schools,and aspects of schools of Hindu Law. It is a
doctrinal research project.

RESEARCH METHODOLOGY

The researcher will be relying on Doctrinal method of research to complete the project. The
researcher would go through various primary resources for the purpose of the completion of the
project.

TENTATIVE CHAPTERIZATION

1. INTRODUCTION
2. SCHOOL OF HINDU LAW
3. MITAKSHARA AND DAYABHAGA SCHOOLS

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 4. MIGRATION AND THE SCHOOLS
5. CONCLUSION AND SUGGESTION
6. BIBLIOGRAPHY

BIBLIOGRAPHY:

The researcher has consulted following sources to complete the rough proposal:

1. PRIMARY SOURCES:

BOOKS

(Davis, 2012)

(Mulla, 2016)

2. SECONDARY SOURCES:

WEBSITES:

a. https://www.srdlawnotes.com/2017/08/schools-of-hindu-law.html

b.http://www.shareyouressays.com/knowledge/essay-on-the-major-schools-of-hindu-law/117263

c. http://www.academia.edu/27765360/SCHOOLS_OF_HINDU_LAw

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