As everyone mentioned Hindu law has two distinct schools: Mitakshara and Dayabhaga, which are practised in various parts of India. The way these two schools approach the idea of inheritance and property rights is the main difference between them. Let’s check out the diff between Mitakshara and Dayabhaga apart from the one mentioned by Shrishti.
What is the difference between Mitakshara and Dayabhaga in tabular form?
| Mitakshara | Dayabhaga |
|---|---|
Mitakshara is commonly practised in northern and western India. |
Dayabhaga is practised primarily in eastern India. |
The concept of a joint family and coparcenary is given additional weight here. |
It gives personal property rights more weightage. |
A son or daughter has a right to the family's ancestral property and is a co-owner of it with his/ her father. |
Due to the father's death, the son no longer has any claim to the property that his father previously had. |
The Mitakshara School acknowledges adoption as a method of carrying on the family lineage and passing along inherited wealth. |
Adoption by widows or those who are not blood relatives is not a barrier in Dayabhaga School's view. Here, adoption is seen as an absolute transfer of property. |
These differences significantly affect how property is shared or passed down within families who adhere to these various schools of Hindu law. I hope you found this useful.
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My sister is a lawyer, she introduced me to these 2 terms, Dayabhanga, and Mitakshara. Before understanding the difference between Dayabhaga and Mitakshara in Hindu law, I’d like to highlight that these two schools of law control the Hindu Undivided Family's succession under Indian law. In Bengal and Assam, the Dayabhaga School of law is practised. All other regions of India adhere to the Mitakshara School of Law. The Benares, Mithila, Maharashtra, and Dravida schools make up the Mitakshara School of Law.
I was going through Shrishti’s answer, and I’d like to say that I completely agree with the Mitakshara and Dayabhaga differences that she mentioned in her answer.
However, I’d like to highlight or reiterate my understanding regarding the basic,
Difference between Mitakshara and Dayabhaga joint family:
| Mitakshara joint family | Dayabhaga joint family |
A joint family, according to the Mitakshara law school, exclusively refers to the male family member and includes his son, grandson, and great-grandson. They are all co-owners and co-parcenaries of the Joint Family. So, a son by birth gains a stake in the joint family's ancestral property. |
According to the Dayabhaga law school, the son does not automatically obtain ownership rights upon his father's demise. |
The equal rights by birth enjoyed by a son, a grandson, and a great-grandson limit the father's control over the property in the Mitakshara school. In the lifespan of his father or his three closest forebears, an adult son may request partition. He has a say in how the family's property is to be used and has the right to object to any unjustified disposal of inherited or family property. |
According to the Dayabhaga school, this is impossible because the father has complete control over the family's assets until his death. |
I hope this suffices your understanding of the difference between Dayabhaga and Mitakshara in Hindu law. I hope this helps:)
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Have you ever wondered what is the meaning of the term mitakshara and dayabhaga? My friend told me the definition of these concepts and how they have been a part of Indian culture for hundreds of years. Over the years inheritance laws of the land have undergone suitable changes.Keep reading to know what I learned.
What is the meaning of Dayabhaga and Mitakshara ?
Dayabhaga :
In simple words, it is an inheritance law that was popularly practised in West Bengal, Assam, Jharkhand and Odisha. This school of Hindu law is based on the principle of spiritual benefit.It states that children do not have a right on ancestral property before the death of their father.
Mitakshara :In simple terms it is a school of thought which is known as “Inheritance by birth”. Under this law, a son inherits his father’s property just as he is born. Mitakshara was practiced all over India except Assam and West Bengal. It talks about property rights, property distribution, and inheritance.
Take a look at the table to know difference between Mitakshara and Dayabhaga :
Parameters |
Dayabhaga |
Mitakshara |
Joint family system |
Both the male and the female of the family are considered. |
Male members of the family are considered under the joint family. |
Right to property |
Here, children don't have right over property by birth and arise only after the death of their fathers. |
Here, son, grandson and great-grandson acquire the right to property by birth. |
Partition |
The Dayabhaga system considers a physical separation of the property and giving partitions of property to their respective owners. |
The Mitakshara system does partition of property only through shares. |
Rights of woman |
Here, stridhan to women is provided along with equal rights in husbands’ property. |
Women have no rights and can’t demand partition. |
Features |
In comparison it is a Liberal system |
In comparison, it is Conservative system |
This is all from my end on Mitakshara and Dayabhaga.
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Authors Of The Question
What is Difference Between Mitakshara and Dayabhaga ?
Raunak
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2 Year
2022-05-08T14:08:12+00:00 2023-11-09T17:19:41+00:00Comment
3 Answers
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