- It signifies obligation and varies in interpretation among different religious traditions.

- Within Hindu jurisprudence, Dharma encompasses societal, legal, and spiritual duties, akin to justice ("NYAYA").

- Hindu law is considered a branch of Dharma, with Dharma serving as its foundation.

Sources:

Hindu law draws from two main categories of sources:

- Ancient
- Modern.

Ancient Sources: Ancient sources form the foundation of Hindu law, evolving over millennia. They can be classified into four categories:

1. Shruti: (To hear): This term refers to the divine revelations heard by ancient sages. Shruti is considered the most significant and fundamental source of Hindu law.

2. Smriti (To remember): These are texts remembered and interpreted by sages across generations. Smriti includes

- Dharma Sutras (prose)
- Dharma shastras (poetry).

3. Digests and Commentaries: Commentaries offer single interpretations of Smritis, while digests present various interpretations. Key commentaries include Dayabhaga and Mitakshara.

4. Customs: These are longstanding traditions observed within society, categorized as legal or conventional customs.

Essentials of a Custom

- Continuity: A custom must demonstrate uninterrupted practice over time

- Clarity: The terms of a custom should be precise and unambiguous.

- Antiquity: A custom must possess a historical lineage, indicating its longstanding existence.

- Adherence: Complete adherence to the custom by those subject to it is imperative.

- Certainty: The custom's parameters must be definite and unambiguous

Modern Sources: In the contemporary context, Hindu law draws from modern sources, including:

1. Judicial Decisions: Courts' rulings hold considerable authority and serve as precedents for. future cases with similar circumstances.

2. Justice, Equity, and Good Conscience: This principle guides legal decisions where existing laws may be inadequate, allowing courts to apply rationality and fairness.

3. Legislation: The codification of laws has been crucial for adapting Hindu law to modern societal needs.

- Hindu Marriage Act, 1955
- Hindu Succession Act, 1956
- Hindu Minority and Guardianship Act, 1956
- Hindu Adoptions and Maintenance Act, 1956

Who is a Hindu?

- Someone who follows Hinduism.

- Individuals of Buddhist, Jain, or Sikh faiths.

- Those born to Hindu parents.

- Children raised in Hindu households, even if only one parent is Hindu.

- Individuals born to a Hindu mother and a non-Hindu father but raised as Hindu.

- According to codified Hindu law, individuals not adhering to Islam, Zoroastrianism, Christianity, or Judaism are governed by Hindu law.

Schools of Hindu Law:

Various schools of Hindu law have contributed to its development, primarily through commentaries and digests of Smritis. The two major schools are:

Mitakshara School of Hindu Law:

The Mitakshara School represents a prominent branch of Hindu legal jurisprudence, offering an extensive commentary on the Smriti authored by Yajnvalkya. It holds sway over the entirety of India, with the exception of West Bengal and Assam. Despite its widespread applicability, regional variations in legal practice exist due to divergent customary norms prevailing in different regions.

The Mitakshara School comprises five distinct sub-schools:

- Benaras Hindu Law School
- Mithila Law School
- Maharashtra Law School
- Punjab Law School
- Dravida or Madras Law School

These sub-schools operate within the purview of the overarching Mitakshara legal framework, adhering to its fundamental principles while accommodating variances in specific circumstances dictated by regional customs and practices. - Dayabhaga: Predominant in Assam and West Bengal, this digest focuses on inheritance, partition, and joint family issues, providing significant contributions to Hindu legal jurisprudence.

This summary presents a synthesized overview of the origins, application, and key schools of Hindu law, encompassing both ancient principles and modern adaptations.

- Banaras Law School:

The Banaras Law School operates under the auspices of the Mitakshara Law School and holds jurisdiction over Northern India, including Orissa. Prominent commentaries associated with this school include Viramitrodaya and Nirnyasindhu Vivada.

- Mithila Law School:

With authority extending over the territorial regions of Tirhoot and North Bihar, the Mithila Law School's principles prevail in the northern territories. Major commentaries affiliated with this school encompass Vivadaratnakar, Vivadachintamani, and Smritsara.

- Maharashtra or Bombay Law School:

The Maharashtra Law School exercises jurisdiction over territorial regions encompassing Gujarat, Karana, and areas where the Marathi language is predominantly spoken. Key authorities associated with this school include Vyavhara Mayukha and Virmitrodaya.

- Madras Law School:

Encompassing the entirety of Southern India, the Madras Law School operates under the auspices of the Mitakshara Law School. Major authorities affiliated with this school include Smriti Chandrika and Vaijayanti.

- Punjab Law School:

Primarily established in East Punjab, the Punjab Law School has developed its own customs and traditions. Notable commentaries associated with this school include Viramitrodaya and established customs.

Dayabhaga School:

The Dayabhaga School predominantly governed legal matters in Assam and West Bengal and is considered one of the foremost institutions in Hindu jurisprudence. Regarded as a compendium of leading Smritis, its primary focus revolved around partition, inheritance, and joint family issues. According to Kane, its inception occurred between 1090-1130 A.D.

The formulation of the Dayabhaga School aimed at eliminating other outdated and artificial inheritance principles prevalent at the time. A notable advantage of this new legal framework was the rectification of shortcomings and the expansion of the list of heirs, which had been restricted under the Mitakshara School.

Within the Dayabhaga School, various commentaries were adhered to, including:

- Dayatatya
- Dayakram-sangrah
Virmitrodaya
- Dattaka Chandrika

Difference between Mitakshara and Dayabhaga school

Joint Property Rights:

- Mitakshara School: Right to ancestral property arises by birth, making sons co-owners with similar rights as fathers.

- Dayabhaga School: Right to ancestral property granted only after death of last owner; no recognition of birthright over ancestral property.

Alienation of Property:

- Mitakshara School: Father lacks absolute right to alienate ancestral property.

- Dayabhaga School: Father possesses absolute right to alienate ancestral property during his lifetime.

Partition Rights:

- Mitakshara School: Son can demand partition of ancestral property against father.

- Dayabhaga School: Son has no right to demand partition against father.

Survivorship Rule:

- Mitakshara School: Follows survivorship rule; interest of deceased member passes to other members.

- Dayabhaga School: Interest of deceased member passes to heirs like widow, sons, or daughters.

Disposition of Property

- Mitakshara School Members can't dispose of undivided share of property.

- Dayabhaga School Members enjoy absolute right to dispose of their property.

Inheritance

- Mitakshara School Follows rule of blood relationship for inheritance.

- Dayabhaga School Inheritance governed by rule of offering of pinda; cognates preferred over agnates.

Recognition of Doctrine of Factum Valet

- Mitakshara School Limited recognition.

- Dayabhaga School full recognition; once an act is done, it can't be altered by written texts of laws

Uniform Hindu Law

- Difference not recognized; one uniform law of succession for all Hindus.

Doctrine of Factum Valet

- Principle formulated by Dayabhaga school authors; recognized to limited extent by Mitakshara followers; once an act is done, it can't be altered by written texts of laws.