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Paryushan 2026 Shwetambar 8–15 Sept · Digambar Das Lakshan 15–24 Sept

In short

Jain Law is the personal law governing Jains, derived from teachings codified in the Samhita by Vasunandi Indranandi. It covers adoption (for secular, not spiritual, continuity), inheritance and succession (with strong female rights), partition of ancestral versus self-acquired property, Stridhan, and maintenance of family members.

Jurisprudence

The Jain Law

जैन विधि और संहिता

Derived from the teachings of Lord Rishabhadeva and codified by Bharata Chakravarti, Jain Law offers a unique perspective on conduct, inheritance, and family rights, emphasizing righteousness and purity.

Origin & Authority

Law is essential for living in this world. Dharma is twofold: for the householder (Layman) and for the ascetic. The laws for the "Karma Bhumi" were preached by Lord Rishabhadeva. His son, Bharata Chakravarti, laid down the rules of conduct, charity, punishment, and inheritance. This Samhita, arranged by Vasunandi Indranandi, is considered authoritative.

Adoption & Sonship
  • Purpose: Adoption is not for spiritual welfare (unlike Hindu law) but for secular continuity. A son does not make a man spiritually meritorious.
  • Who Can Adopt: A person without a son. Even a widow or a widowed daughter-in-law can adopt, provided she possesses an estate.
  • Who Can Be Adopted: A boy from the husband's family, or a daughter's/sister's son. He should not be older than the adoptive mother.
  • Procedure: A document must be executed and registered. Actual giving and taking are necessary.
Inheritance & Succession
  • Female Rights: Females take inheritance absolutely. The wife appears in full glory as the "better-half".
  • Order of Succession:
    1. Widow (Comes before the son)
    2. Son (Includes Grandson)
    3. Daughter (If no son exists, she takes absolute ownership)
  • Daughter's Right: If a person dies leaving only a daughter, she inherits the whole property as the absolute owner and becomes a fresh stock of descent.
Property & Partition
  • Ancestral Property: Liable to partition among sons. The father cannot dispose of it without the son's consent.
  • Self-Acquired Property: Not subject to partition by sons during the father's lifetime. The father has full right to make a WILL regarding this.
  • Immovable Property: Recommended to be kept undivided for status and respect.
  • Mother's Share: After the father's death, if a partition occurs, the mother is entitled to a share equal to that of a son.
Stridhan & Maintenance

Stridhan (Woman's Property):

  • Includes gifts received at marriage and from in-laws.
  • Not liable to division. The woman is the absolute owner.
  • Succession: Goes to the daughter (married or unmarried). If childless, to the husband.

Maintenance:

  • The possessor of the estate is bound to maintain family members.
  • Unmarried daughters are entitled to maintenance and marriage expenses.

Legal FAQs

Common questions regarding Jain Personal Law.

Yes, under Jain Law, a widow has the authority to adopt a son without express permission from her husband or kinsmen, provided she is in possession of the estate. Even a widowed daughter-in-law is fit to adopt.

A son has a right by birth in the Ancestral Property, and the father cannot dispose of it without his consent. However, the son cannot claim a partition in the father's Self-Acquired Property against the father's will.

The Stridhan property of a mother goes to her daughter, whether she is married or unmarried. If the woman dies childless, her Stridhan goes to her husband.

No. Unlike Hindu law, adoption among Jains is not made for spiritual welfare. The presence of a son does not confer spiritual merit or salvation upon the father; it is primarily for secular purposes like continuation of the family line and property management.
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