Explain the term of Pinda both according to the Dayabhaga, and the Mitakshara Schools. Enumerate the different classes of heirs according to these schools.

Question: Explain the term of Pinda both according to the Dayabhaga, and the Mitakshara Schools Enumerate the different classes of heirs according to these schools. [BJS 1978]

Find the question and answer of Hindu Law on Legal Bites. [Explain the term of Pinda both according to the Dayabhaga, and the Mitakshara Schools Enumerate the different classes of heirs according to these schools.]

Answer

Mitakshara School was given by Vijaneshvara, whereas the Dayabhaga School was given by Jimutavahana. Vijaneshvara defined Pinda as one's body, which means he tried to convey that the connection of individuals through the same body i.e., they have a common ancestor. It can also be said that this is because they have common particles, but in a scientific way, they have a percentage of common DNA, and the percentage may vary from generation to generation. This having of the same particles were called to be sapinda of each other. For example, a son was sapinda of his father, grandfather, other ancestors, and his mother and her ancestors.

It is found that we share around 50 percent of our DNA with parents and children, 25 percentage with grandparents & grandchildren, and 12.5 percent with cousins, uncles, aunts, nephews, and nieces.

Whereas according to Jimutavahana the word Pinda means rice cake offered in the shraddha ceremony to the ancestors. Shraddha is a ceremony performed at the time of death to satisfy the spirit of the dead. Jimutavahana based it on the theory of the notion of oblation, meaning the people who give offering to the same deceased ancestors. To understand it more easily, people who do pind-daan or offer oblation or funeral cake presented to the souls of ancestors at the Pavana Shradha ceremony to the same common ancestors are called sapindas of each other. The main reason behind such an offering is that the spirit of the deceased needs food and water after his death. The foundation of the Dayabhaga School is religious effectiveness and spiritual gain.

Who can give Shraddha is written in the book 'Parvana Shraddha'. Wherein a list is enumerated for the persons who can give Shraddha. Firstly, it is the son, then the son's son, then the son's son's son, and so on. If the son is alive then the rest need not do. If the son's son is alive then the son's son's son need not do anything. Hence there is no inheritance by birth and no Coparcenary in Dayabhaga School.

However, the law adopted the theory of the Mitakshara School and discarded the theory of the Dayabhaga School. The legislature has defined it in sections 3(f)(i) and (ii) of the Hindu Marriage Act, 1955.

Section 3(f)(i) defines "sapinda relationship" as a relationship which with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned who is to be counted as the first generation;

Section 3(f)(ii) says two persons are said to be "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;

This means that from the father's side five generations including the father are sapinda of each other that is:

1. Father

2. Grandfather and his wife

3. Great-grandfather and his wife

4. Father of great-grandfather and his wife

5. Grandfather of the great-grandfather and his wife

From the mother's side, three generations including the mother, that is:

1. Mother

2. Mother's Mother and her husband

3. Mother's grandmother and her Husband

According to Dharmashastras, as per the general rule, an individual cannot marry or have any kind of sexual relationship with their sapindas, and its exception is that if the same is allowed by a custom, the person can do so.

The same is promulgated by the Section 5(v) of the Hindu Marriage Act,1955 marriage between the persons having a sapinda relationship is prohibited unless there is a custom that allows them to do so.

Section 18(b) of the same Act provides punishment for marrying within the sapinda relationship:

"Any marriage solemnized under this would be void under section 11 of the Act and violation of this clause would amount to simple imprisonment upto 1 month or a fine of Rs. 1000/- or both."

The Different classes of heirs according to these schools

Under the Mitakshara School

Order of succession of heirs (inheritance):

1. Sapinda in the technical sense or as Gotra Sapinda (It should not be confused with Sapinda in wider sense).

"The fifth generation on the side of the mother. The seventh generation is on the side of the father. Beyond these limits, there is no Sapinda relationship."

2. Samanodakas- this relationship extends from the seventh to the thirteenth degree.

3. Bandhas:

4. Spiritual preceptor,

5. Pupil: and lastly,

6. The Government.

Under the Dayabhaga School

There are three classes of heirs according to the Dayabhaga School, namely:

1. sandals,

2. sakulavas

3. samanodakas.

The ones who confer more spiritual advantage to the deceased ancestor are entitled to inherit the property. Unlike the Mitakshara school, the females can also inherit the property in the family under this school. Widow has the right to succeed in her husband's share in the case of the coparcener dying issueless and has the right to impose a partition on her own account.

Actual Position under the Current Law

The heirs are divided into the following categories:

1. Class I heirs- also called preferential heirs because the property will devolve upon the Class I heirs after the death of the property holder.

• Sons

• Daughters

• Widow

• Mother

• Son of a pre-deceased son

• Daughter of a pre-deceased son

• Son of a pre-deceased daughter

• Daughter of a pre-deceased daughter

• Widow of a pre-deceased son

• Son of a pre-deceased son of a pre-deceased son

• Daughter of a pre-deceased son of a pre-deceased son

• Widow of a pre-deceased son of a pre-deceased son

• Son of a predeceased daughter of a predeceased daughter

• Daughter of a deceased daughter of a predeceased daughter

• Daughter of a predeceased son of a predeceased daughter

• Daughter of a predeceased daughter of predeceased son

2. Class II heirs- If there are no Class I heirs then property shall devolve upon the Class II heirs.

• Father

• Sons daughter's son

• Sons daughter's daughter

• Brother

• Sister

• Daughters son's son

• Daughters son's daughter

• Daughters daughter's son

• Daughters Daughter's daughter

• Brothers son

• Sisters son

• Brothers daughter

• Sisters daughter

• Fathers father

• Fathers mother

• Fathers widow

• Brothers widow

• Fathers brother

• Fathers sister

• Mothers father

• Mothers mother

• Mothers brother

• Mothers sister

3. Agnates

If there are no Class I heirs, or Class II heirs, then the Property of the deceased shall devolve upon the Agnates. Persons are said to be agnates if they are related by the same father or male ancestor.

4. Cognates

If there is no Class I heirs, Class II heirs, or Agnates then the Property of the deceased shall devolve upon the Cognates. Persons are said to be Cognates if they are related by the same mother. Thus, the mother's side of relations like the mother's brother's son and the brother's daughter's son can be called as cognates.

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