Important Differences are as follows: On the basis of Succession: Under the Mitakshara school, inheritance is governed by the rule of consanguinity, i.e., blood relationship, whereas under the Dayabhaga school inheritance is governed by the rule of spiritual efficacy.
What are the differences between Mitakshara school and Dayabhaga school?
Mitakshara school considers only the male members of the family under the joint family. In Dayabhaga, children have no right over property by birth and arise only after the death of their fathers. In the Mitakshara system, the son, grandson and great-grandson acquire the right to property by birth.
How does Mitakshara school of Law differ from Dayabhaga school of Law?
Under the Dayabhaga law school the son has no automatic ownership right by birth but acquires it on the demise of his father. In the Mitakshara school the father’s power over the property is qualified by the equal rights by birth enjoyed by a son, a grandson and a great grand -son.
What is Dayabhaga school of Hindu Law?
The Dāyabhāga is a Hindu law treatise written by Jīmūtavāhana which primarily focuses on inheritance procedure. … The Dāyabhāga does not give the sons a right to their father’s ancestral property until after his death, unlike Mitākṣarā, which gives the sons the right to ancestral property upon their birth.
What are the sub-schools of Mitakshara?
These five sub-schools are as under:
- The Benaras School,
- The Mithila School,
- The Dravida or Madras school,
- The Bombay or Maharashtra school, and.
- The Punjab school.
Who comes under Mitakshara?
Coparcenary of Mitakshara School
It consist of the father and next three male lineal ascendants i.e., son, son’s sons, son’s son’s son. In this case share of the property is divided between A, B, C and D. All coparcener’s get equal share i.e., one-fourth (1/4) and is not a coparcener.
What is meant by Mitakshara?
The Mitakshara is a legal treatise on inheritance, written by Vijnaneshwara a scholar in the Western Chaiukya court in the 12th century. … Inheritance is based on the principle of propinquity i.e. ‘the nearest in blood relationship will get the property.
Who is Hindu in family law?
When one of the parents of a child is Hindu and he/she is brought up as a member of the Hindu family, he/she is a Hindu. If a child is born from a Hindu mother and a Muslim father and he/she is brought up as a Hindu then he/she can be considered as a Hindu.
What are different types of school in Hindu Law?
There are two Schools of Hindu Law:- a) Mitakshara b) Dayabhaga. Mitakshara School prevails throughout India except in Bengal. It is a running commentary on the code of Yajnavalkya (Yajnavalkya Smriti).
What is Mitakshara joint family?
A Joint Hindu family according to the Mitakshara Law consists of a male member of a family with his sons, grandsons and great-grandsons according to Hindu Law. They collectively constitute a coparcenary of a Hindu Family. They are different from members who are not coparceners as we have seen earlier.
What are the two main schools of Hindu law?
The two major schools of Hindu law are as follows:
Mitakshara and Dayabhaga are the two important schools of Hindu Law which have given us the required information about the present legislated laws.
Who is a Coparcener?
Under the Hindu Law, the coparcener is a term to indicate those male members of a Hindu family who have an undivided interest over the ancestral property by birth. They are the head of the family or Karta and the three subsequent generations of the Karta which include his sons, grandsons, and great-grandsons.
What are the main source of Hindu law?
The primary and important source of Hindu law is Vedas. According to tradition the Vedas also called Shruti. Shruti means what is heard by the Sages (Rishis). The Vedas are the fountain-head of Hindu religion and law.
What is Apratibandha Daya?
Apratibandha Daya (unobstructed heritage) property inherit from direct male ancestor but not exceeding three degree who is higher than him. Under the concept heritage is devolved by survivorship. … The property is called unobstructed because the accrual of the right to it is not obstructed by the existence of the owner.
Can the female members of the family claim partition?
Other female members, who come into the family by virtue of marriage, are still treated as members only. Thus, they are not entitled to ask for the partition but are entitled for maintenance and shares as and when partition takes place.
Which is considered as the reformist school in Hindu Law?
Broadly speaking, there are two main schools of Hindu Law, the Mitakshara and the Dayabhaga. … It may also be noted that the Mitakshara is the orthodox school, whereas the Dayabhaga (or the Bengal school, as it is sometimes called) is the reformist school of Hindu Law.