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Difference Between Dayabhaga and Mitakshara in Hindu Law: Partition

The document discusses the differences between the Dayabhaga and Mitakshara schools of Hindu law. Under the Mitakshara school, a son automatically acquires ownership of ancestral property by birth, while under Dayabhaga a son only acquires ownership upon the father's demise. Additionally, under Mitakshara the father's power over property is qualified by equal rights of sons, grandsons, and great-grandsons, while under Dayabhaga the father has uncontrolled power over family property until death.

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48 views1 page

Difference Between Dayabhaga and Mitakshara in Hindu Law: Partition

The document discusses the differences between the Dayabhaga and Mitakshara schools of Hindu law. Under the Mitakshara school, a son automatically acquires ownership of ancestral property by birth, while under Dayabhaga a son only acquires ownership upon the father's demise. Additionally, under Mitakshara the father's power over property is qualified by equal rights of sons, grandsons, and great-grandsons, while under Dayabhaga the father has uncontrolled power over family property until death.

Uploaded by

ayaz sree
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Difference between Dayabhaga and

Mitakshara in Hindu Law


The term Dayabhaga is derived from a similarly named text written by Jimutavahana. The term-
, Mitakshara is derived from the name of a commentary written by Vijnaneswara, on the
Yajnavalkya Smriti. The Dayabhaga and The Mitakshara are the two schools of lawthat govern
the law of succession of the Hindu Undivided Family under Indian Law. The Dayabhaga School
of law is observed in Bengal and Assam. In all other parts of India the Mitakshara School of law
is observed. The Mitakshara School of law is subdivided into the Benares, the Mithila, the
Maharashtra and the Dravida schools.

The differences between the Dayabhaga and the Mitakshara schools of law may be categorized
under the following:-

According to the Mitakshara law school a joint family refers only to the male member of a family
and extends to include his son, grandson and great-grandson. They collectively have co-
ownership/Coparcenary in the Joint Family.Thus a son by birth acquires an interest in the ancestral
property of the joint family. Under the Dayabhaga law school the son has no automatic ownership
right by birth but acquires it on the demise of his father.

In the Mitakshara school the fathers power over the property is qualified by the equal rights by
birth enjoyed by a son, a grandson and a great grand -son. An adult son can demand partition
during his fathers lifetime or his three immediate ancestors. He has a say in the disposition of the
family property and can oppose any unauthorized disposition of ancestral or family property .This
is not possible under the Dayabhaga school as the father has overall and uncontrolled power over
the family property till death.

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