What is the guiding principle of inheritance under Mitakshara?
- AOption (a)
Religious efficacy
- BOption (b)
Capacity to perform religious obligations
- COption (c)
Doctrine of sapinda relationship
- DOption (d)
Capacity to offer religious obligations
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Correct answer
Doctrine of sapinda relationship
Why this answer is correct
The correct answer is 'Doctrine of sapinda relationship'
Key Points
- Doctrine of sapinda relationship:
- The Mitakshara school, one of the two principal schools of Hindu law, governs inheritance and succession in large parts of India (except West Bengal and Assam, which are under the Dayabhaga school).
- The guiding principle of inheritance under the Mitakshara school is the doctrine of sapinda relationship. This doctrine is based on kinship and proximity of blood relationship.
- Sapinda refers to individuals connected by common offerings to ancestors, typically up to three generations in the paternal line and five generations in the maternal line.
- The concept ensures that inheritance is passed through familial ties and is determined by the closeness of the relationship to the deceased.
- The principle of sapinda relationship also plays a critical role in marriage prohibitions under Hindu law, ensuring that close relatives do not intermarry.
Additional Information
- Religious efficacy:
- Religious efficacy refers to the suitability of a person to perform rituals and ceremonies for the deceased. While it is an important consideration in Hindu law, it is not the primary guiding principle for inheritance under the Mitakshara school.
- The focus of inheritance in Mitakshara is on blood relationship rather than solely on religious fitness.
- Capacity to perform religious obligations:
- This option emphasizes the ability of an heir to fulfill religious duties, such as offering oblations to ancestors. However, it is not the central principle under the Mitakshara school.
- While religious duties are relevant, inheritance is more fundamentally based on the sapinda relationship and proximity of kinship.
- Capacity to offer religious obligations:
- This option highlights the capability of an heir to perform offerings and rituals, similar to the previous option.
- Although such capacity is valued, it is secondary to the doctrine of sapinda relationship, which governs inheritance under the Mitakshara school.