In Hindu law, the two systems of property inheritance are Dayabhaga and Mitakshara. Though both share some similarities, there are also some key differences between the two. This blog post will explore those differences.
What is Dayabhaga in Hindu Law?
Dayabhaga in Hindu Law is a type of law that focuses on inheritance. Dayabhaga literally means “the rule of inheritance.” Dayabhaga in Hindu Law states that a person’s property should be inherited by his or her nearest relatives. Dayabhaga in Hindu Law is different from the Dayabhaga system in Muslim Law, which gives precedence to the male heirs. Dayabhaga in Hindu Law is also different from the Mitakshara system, which gives precedence to the oldest son. Dayabhaga in Hindu Law was codified by the Dayabhaga School of Jurisprudence. The Dayabhaga school of jurisprudence was founded by the jurist Jimutavahana.
What is Mitakshara in Hindu Law?
Mitakshara in Hindu Law is a system of Inheritance. Mitakshara literally means a share in an inheritance. The Mitakshara school of Hindu law is followed in almost all parts of India except for Bengal, Bombay, and Madras. The Mitakshara system is based on the concept of joint family property.
- This system is different from the Dayabhaga system, which is followed in Bengal, Bombay, and Madras. Under the Mitakshara system, a Hindu male has the right to inherit property from his father, grandfather, and great-grandfather. The Mitakshara system is based on the principle of ‘partible inheritance.
- This means that the property is divided equally among all the heirs. The Mitakshara system is also known as the ‘law of intestate succession. This is because, under this system, the property is inherited by blood relatives only if the deceased person dies without leaving a will.
- Mitakshara in Hindu Law has been codified under the Hindu Succession Act, of 1956. Under this Act, every Hindu male has a right to inherit property from his father, grandfather, and great-grandfather. The Act also lays down certain rules for the partition of property among co-parceners.
Mitakshara in Hindu Law has been codified under the Hindu Succession Act, of 1956. Under this Act, every Hindu male has a right to inherit property from his father, grandfather, and great-grandfather. The Act also lays down certain rules for the partition of property among co-parceners.
Difference between Dayabhaga and Mitakshara in Hindu Law
Dayabhaga and Mitakshara are two different schools of thought in Hindu Law.
- Dayabhaga is followed in the Bengal region, while Mitakshara is followed in the rest of India.
- The main difference between Dayabhaga and Mitakshara is their approach to inheritance.
- Dayabhaga follows the rule of primogeniture, whereby the eldest son inherits the property of his father.
- Mitakshara, on the other hand, follows the rule of partible inheritance, whereby all sons inherit an equal share of their father’s property.
- Dayabhaga also gives more importance to individual ownership, while Mitakshara gives more importance to joint ownership.
As a result, Dayabhaga is more suitable for urban areas where the property is mostly held by individuals, while Mitakshara is more suitable for rural areas where the property is mostly held jointly by families.
Conclusion
The Dayabhaga school of Hindu law is based on the principle that property belongs to the husband during marriage and to the wife after divorce. This system evolved in Bengal and is still used in parts of India. The Mitakshara school of Hindu law, which is more commonly used, considers both spouses as owners of marital property.
