Debts Under Mitakshara And Dayabhaga Law

Patil Pramod Pandurang, Shri L.R. Tiwari College of Law [University of Mumbai]

ABSTRACT

Dharmashastra, A Hindu Law, has evolved over centuries and has been influenced by various texts, customs, and legal commentaries. Ancient and Modern are two types classified the sources of Hindu law. In modern era, Hindu Law was codified with The Hindu Succession Act, 1956. Before that in the respects of inheritance, succession, partitions and the rights incidental in the Hindu Jurisprudence which were based on the two Hindu school of thoughts, i.e. the school of Hindu Law are Mitakshara and Dayabhaga respectively. These uncodified treaties dictates rules in the area of inheritance, property disputes and many more.

The concept of Hindu Debt is , When the man is born he is born in debt. Thought of the school of Hindu Law , The Hindu Undivided Family is a religious legal entity. During the lifetime, Sons are expected to pay off the debts incurred by their father. It is a belief to ensure him an afterlife without any sins named under his name. The nature of debt first will decide the liability of the son. Such debt is to be cast upon him religious and moral then the son can only be relieved from the liability.

This research document is elaborated the code of the treaties of Mitakshara and Dayabhaga in regards of the Debts and responsibilities of Hindu Famliy which were became mandatory customs in the ancient India and Hindu Jurisprudence. The concept of Treaties and code of the Hindu law school influence on Hindu Personal Law still resonates in India.

Keywords: Mitakshara, Dayabhaga, Debt , Hindu Law schools