Difference Between Mitakshara And Dayabhaga

In India, Hindu law addresses family and property matters through two main systems: the Mitakshara and Dayabhaga. Both systems outline specific rules for property sharing and inheritance among family members, but they differ significantly in their approaches.

The Mitakshara system is the most widely practiced across most parts of India. It emphasizes the concept of a joint family, where property and inheritance rights are collectively shared among family members. In contrast, the Dayabhaga system, predominant in Bengal and Assam, does not recognize the joint family structure and instead focuses on individual property rights and inheritance.

Understanding the difference between Mitakshara and Dayabhaga is crucial for navigating Hindu inheritance laws, as these systems play a vital role in determining property rights and family obligations. However, many individuals remain unaware of the nuances and implications of these systems.

This article provides a comprehensive explanation of the Mitakshara and Dayabhaga systems, exploring their concepts, impacts, and the key differences between them. By the end, you'll have a clear understanding of how these two systems shape Hindu law and inheritance in India.

What Is The Meaning of Mitakshara And Dayabhaga?

Mitakshara

Mitakshara is a legal system in Hindu Law which is used by most parts of India. It is all about the theory of inheritance by birth in India. This means that when a son is born into a family, he automatically gets a share of the family's Property.

This legal system followed the joint family concept and shared ownership of the Property to all the male members of the family (up to four generations - son, grandsons, and great-grandsons). These owners are also called coparceners, which means they share the ownership of the Property.

As per the Mitakshara legal system, the Property is shared by all the male members but not divided among the family members unless a partition is formally done.

Plus, the Mitakshara law states that if one coparcener dies then it will automatically pass the ownership to other surviving coparceners rather than individual inheritance.

As per the Hindu Succession (Amendment) Act, 2005, a significant change was made in Hindu inheritance law, where daughters are now getting equal rights to ancestral Property as sons. So, they can also demand Partition of the Property.

Here are some key highlights of the Mitakshara legal system in Hindu Law:

• A son has a right to family property from birth and can demand the Partition when he's an adult

• A son has the right to prevent his father from selling or transferring ancestral Property without permission

• The widow of a deceased coparcener can't demand Partition but has the right to maintenance

• If a coparcener dies without a male heir, his share goes to his brothers

• The Property is treated as a joint family, which is shared by all the members for up to four generations

• The Hindu Succession (Amendment) Act 2005 granted daughters equal rights as sons

• Mitakshara law applies to most parts of India, except in West Bengal and Assam

Dayabhaga

Dayabhaga is a legal system of individual inheritance that is mainly used in West Bengal and Assam. Unlike the Mitakshara system, Dayabhaga didn't follow the joint family concept, and there was no authoritative right to ancestral Property upon birth.

Instead, the son will inherit the Property only after the death of the property holder (mostly father). This means the children didn't have the right to inherit the Property while their father was alive.

In the Dayabhaga system, the Property is shared as per the deceased's will or the rules of succession as per the law. There's no automatic inheritance of the Property because of the joint family structure.

Overall, the Dayabhaga system focuses on individual rights over the joint family structure. That's a way for family proe[to try to inherit and manage in these regions.

Here are some key highlights of the Dayabhaga legal system in Hindu Law:

• There are no automatic inheritance rights are established until the father's death

• Property division is based on individual rights, not joint family ownership

• Dayabhaga law is mainly followed in West Bengal and Assam

• After the owner's death, the Property is divided in the family as per the will or legal rules

• In some conditions, daughters can also inherit Property after the father's death

What is the Difference Between Mitakshara and Dayabhaga?

Dayabhaga and Mitakshara are the two most important systems of Hindu Law and applied in different regions of India. Where the term Dayabhaga comes from a text written by Jimutavahana, and Mitakshara originates from a commentary written by Vijnaneswara on the Yajnavalkya Smriti. Here are the key differences between them:

1. Joint Family

The Mitakshara system follows the joint family approach where male members (including father, son, grandson, and great-grandsons) share the ownership of the family's Property, and the son gets the ownership right since he's born. The father doesn't have full control over the Property because his sons can ask for the property division and stop the father from making unauthorized decisions.

On the other hand, the Dayabhaga system follows the individual ownership approach, where sons don't have property ownership rights since they are born. He can only inherit Property after his father passes away. Also, the father has complete control over the Property during his lifetime.

Also Read : Difference Between Joint Hindu Family And Coparcenary

2. Coparcenary/Co-ownership

As per the Mitakshara law, all the male members up to four generations have equal rights to the Property when the father is alive. However, their shares are not set and can't be sold. On the other hand, in the Dayabhaga system, sons don't have a share of the Property until the father dies, and each share is clearly defined and can be sold or given away by the son.

Also Read : Coparcenary Meaning: Rights Key Features in Hindu Law Explained

3. Partition

In the Mitakshara system, dividing the Property means figuring out how many shares each person should get, but it will stay as one unit until it is officially divided. This means that the Property isn't split up; just the shares are calculated and divided. In the Dayabhaga system, dividing the Property means physically separating into different parts after the father's death. Each person will get a specific portion of the Property even if the family is living together.

4. Rights of Woman

As per the Mitakshara law, a wife can't request a partition of the Property herself. However, she has the right to a share if her husband and sons decide to divide the Property. The Dayabhaga law said that women don't have the right to request a partition because the father is the absolute owner, and sons can't demand Partition while the father is alive.

This means that if there's a partition amongst the sons, then the mother is entitled to ask for an equal share. If the son does before the Partition, then the mother inherits his share and gets a share of her own rights

Similarities Between Mitakshara and Dayabhaga

The Mitakshara and Dayabhaga are two prominent schools of Hindu law that govern the inheritance and property rights of Hindus in India. Despite their differences in the principles of inheritance and property distribution, these two schools share some fundamental similarities, as outlined below:

Rooted in Hindu Law Principles

Both Mitakshara and Dayabhaga schools are based on the Dharmashastra, specifically the Manusmriti, Yajnavalkya Smriti, and other ancient Hindu scriptures. They interpret these texts to address property and inheritance laws while adhering to the broader principles of Hindu jurisprudence.

Recognition of Joint Family System

Both schools acknowledge the joint Hindu family system, where members of a family collectively own property and share obligations. They emphasize the importance of familial bonds in maintaining joint family arrangements.

Classification of Property

Both schools categorize property into ancestral property (inherited by a person from their ancestors) and self-acquired property (acquired by an individual through their own efforts). This classification influences the rules governing property division.

Rights of Women in Property

Under both schools, daughters have been recognized as successors in their father’s property due to modern legislative reforms like the Hindu Succession (Amendment) Act, 2005. This reform brought parity in property rights under both schools.

Role of Religious Offerings

Both schools emphasize the performance of religious duties such as shraddha (rituals for deceased ancestors). They consider the obligation to perform such ceremonies a key factor in determining inheritance rights, with heirs responsible for these religious duties.

Focus on Blood Relationships

Both schools prioritize blood relations in matters of inheritance. Property devolves primarily to family members who are connected through blood ties.

Applicability to Hindus

Both schools apply exclusively to Hindus as per the definition under the Hindu Marriage Act, 1955, and the Hindu Succession Act, 1956, which include Buddhists, Jains, and Sikhs.

Conclusion

The Mitakshara system and the Dayabhaga system are two fundamental frameworks governing Hindu family and property laws in India. While the Mitakshara law is widely followed across most parts of the country, the Dayabhaga law holds prominence in West Bengal and Assam.

This guide has covered the key aspects of the Difference Between Mitakshara and Dayabhaga, including their concepts, regional applicability, and impacts on inheritance and family matters. Understanding these laws is essential for navigating Hindu inheritance law effectively and making informed decisions in family and property-related issues.

By grasping the difference between Mitakshara and Dayabhaga, individuals can better address family disputes, property sharing, and inheritance matters in accordance with Hindu law.

FAQs On The Difference Between Mitakshara And Dayabhaga

Q. What are the differences between the two main schools of Hindu law?

The major difference between both laws are - the Mitakshara system grants property rights to sons from birth and follows the joint family approach. So, the Property remains one unit until formally partitioned. On the other hand, the Dayabhaga system only gives property rights to the sun after the father's death.

Q. In which regions of India are the Mitakshara and Dayabhaga systems applied?

The Mitakshara law is followed in most regions of India except West Bengal and Assam. While the Dayabhaga law is followed only in West Bengal and Assam.

Q. What happens to the property if a coparcener dies in the Mitakshara system?

In the Mitakshara system, if a coparcener dies, then his share of Property automatically goes to the surviving coparceners. The Property remains in one unit until formal Partition.

Q. How does the Dayabhaga system handle property division if the father dies without a will?

If the father dies without a will under the Dayabhaga law, then the Property is divided among the legal heirs as per the succession laws where each hair has a specific share.

Q. Can a widow claim a share of property in the Dayabhaga system?

Yes, as per the Dayabhaga system, a widow can claim a share of the Property after her husband's death.