DIFFERENCE BETWEEN MITAKSHARA & DAYABHAGA:

DIFFERENCE BETWEEN MITAKSHARA & DAYABHAGA:

Mitakshara and Dayabhaga are two major schools of Hindu law that differ in their approach to property inheritance and the distribution of assets among family members. Here are some of the main differences:

• Mitakshara recognizes the joint family system and the coparcenary property, which is the ancestral property shared by the male members of the family. Dayabhaga does not recognize the joint family system and the coparcenary property, but only the individual and separate property of the family members.
• Mitakshara follows the principle of survivorship, which means that on the death of a coparcener, his share devolves to the surviving coparceners by operation of law. Dayabhaga follows the principle of partition, which means that on the death of a person, his property is divided among his heirs according to his will or the law.
• Mitakshara gives primacy to the birthright of the sons over the widow’s right in the inheritance of the father’s property. Dayabhaga gives equal rights to the widow and the sons in the inheritance of the father’s property.
• Mitakshara adopts a strict and uniform scheme of succession based on the proximity of relationship and the spiritual benefit to the deceased. Dayabhaga adopts a flexible and varied scheme of succession based on the religious merit and the legal capacity of the heirs.