Mitakshara vs Dayabhaga: Key Differences Explained

Mitakshara and Dayabhaga are the two principal schools of Hindu law governing matters of inheritance, succession, and joint family property. Understanding their differences is essential for law students and judiciary aspirants.

📚 Introduction

The rules relating to property, coparcenary, and succession under Hindu law differ according to the Mitakshara and Dayabhaga schools. Questions based on their comparison frequently appear in judicial service examinations.

This article explains the meaning, origin, and major differences between Mitakshara and Dayabhaga in a simple and exam-oriented manner.

⚖️ Mitakshara School of Hindu Law

The Mitakshara school is based on the commentary written by Vijnaneshwara on the Yajnavalkya Smriti. It is followed in most parts of India.

Under Mitakshara law, a son or daughter acquires a right in ancestral property by birth. The ownership of coparcenary property is joint and fluctuates with births and deaths in the family.

Key Features of Mitakshara

• Right in property arises by birth.
• Coparcenary exists from birth.
• Property is held jointly.
• Partition can be demanded at any time.
• Daughters are coparceners after the 2005 amendment.

⚖️ Dayabhaga School of Hindu Law

The Dayabhaga school is based on the treatise written by Jimutavahana. It is mainly followed in West Bengal and Assam.

Under Dayabhaga law, no person acquires a right in ancestral property by birth. Rights arise only after the death of the owner.

There is no concept of joint ownership by birth. Each heir receives a defined and specific share.

Key Features of Dayabhaga

• No right by birth.
• Coparcenary arises after death.
• Definite shares of heirs.
• Property is held in defined portions.
• Greater recognition of women's inheritance.

📊 Differences Between Mitakshara and Dayabhaga

🏛️ Effect of Hindu Succession Act, 1956

The Hindu Succession Act, 1956 has brought uniformity in matters of inheritance. However, the basic distinction between Mitakshara and Dayabhaga continues in matters relating to joint family property.

The 2005 amendment further strengthened gender equality under Mitakshara law.

📝 Importance for Judiciary Exams

Questions on Mitakshara and Dayabhaga are commonly asked in prelims, mains, and interviews. Candidates must remember their basic differences, especially relating to coparcenary and inheritance.

Understanding this topic also helps in answering questions on Hindu Joint Family, partition, and succession.

📌 Conclusion

Mitakshara and Dayabhaga represent two different approaches to inheritance under Hindu law. While Mitakshara emphasizes joint ownership by birth, Dayabhaga recognizes individual ownership after death. Both systems aim to regulate family property fairly within their respective regions.

❓ Frequently Asked Questions (FAQs)

1️⃣ What is the main difference between Mitakshara and Dayabhaga? ⚖️

The main difference is that Mitakshara gives rights by birth, while Dayabhaga gives rights only after the death of the owner.

2️⃣ Do daughters have equal rights under Mitakshara law? 👩‍⚖️

Yes, after the 2005 amendment, daughters have the same coparcenary rights as sons under Mitakshara law.

3️⃣ Where is the Dayabhaga school mainly followed? 📍

Dayabhaga is mainly followed in West Bengal and Assam.

4️⃣ Can partition be demanded under Mitakshara? 🏠

Yes, any coparcener can demand partition at any time under Mitakshara law.

5️⃣ Does Dayabhaga recognize joint family property? 📜

Dayabhaga does not recognize joint ownership by birth. Property is divided into definite shares after succession.

6️⃣ Why is this topic important for judiciary exams? 📚

This topic is frequently asked in exams and helps in understanding inheritance, succession, and property disputes.