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@article{175641,
author = {MOHIT SHARMA},
title = {A STUDY ON THE INTERPRETATION OF HINDU LAW SCHOOLS IN JOINT FAMILY PROPERTY AND IT’S ADAPTATION IN MODERN INDIA AND INDIAN JUDICIAL SYSTEM},
journal = {International Journal of Innovative Research in Technology},
year = {2025},
volume = {11},
number = {11},
pages = {3960-3966},
issn = {2349-6002},
url = {https://ijirt.org/article?manuscript=175641},
abstract = {This study explores the interpretation of the Hindu law schools—primarily it focuses on the Mitakshara and Dayabhaga schools—in the context of the Hindu Joint Family Property, and examines their evolution and adaptation within the modern India and its judicial system. Rooted in the ancient Indian scriptural traditions, Hindu law has governed the inheritance and management of the joint family property for centuries. While both Mitakshara and Dayabhaga provide distinct frameworks regarding ownership, succession, and rights within a joint family, the contemporary legal landscape has seen significant transformation due to legislative reforms, landmark judicial pronouncements, and the influence of constitutional values like gender equality.
This research delves into the foundational principles of these schools, contrasts their interpretations of coparcenary rights, and evaluates their relevance in light of modern legislative interventions such as the Hindu Succession (Amendment) Act, 2005. The paper also assesses how Indian courts have reconciled traditional doctrines with the demands of a progressive legal order, especially in areas like women’s inheritance rights, partition, and the legal status of ancestral property. Through a doctrinal and jurisprudential analysis, the study seeks to highlight the dynamic interaction between age-old legal traditions and contemporary judicial reasoning, offering insights into the ongoing redefinition of family and property in Indian law.},
keywords = {},
month = {April},
}
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