Difference Between Mitakshara And Dayabhaga

In India, there are two main systems that Hindu law uses to handle family and property matters i.e, Mitakshara and Dayabhaga. Both systems have their own rules about property sharing and inheritance among family members.

The Mitakshara system is the most commonly used in most parts of India and focuses on the idea of a joint family, where family members share Property and rights within the family. On the other hand, the Dayabhaga system is mostly used in Bengal and Assam, where no joint family concept was recognized, and individual Property and rights were given.

When some family and property matters arise then understanding these two systems becomes essential while dealing with the Hindu inheritance law. Many people are not aware of these two systems of Hindu law. Don't worry!

In this article, we will deep dive into the concept of Mitakshara and Dayabhaga systems, their impact and the key differences between them.

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.

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.

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

Conclusion

Overall, the Mitakshara system and the Dayabhaga system are both essential laws of family and pretty cases. In most of India, the Mitakshara law is followed except in West Bengal and Assam, where the Dayabhaga law is followed. We hope this guide helps you know everything about the  Mitakshara system and Dayabhaga system, their impact, the regions applicable, and the key differences between them. Understanding both laws is essential for making the right decisions and addressing inheritance and family matters.

FAQs

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.