Hinduism has one of the oldest legal systems in the world. This system is complex and is divided into several schools of thought. The two major ones are Mitakshara and Dayabhaga. These two schools of Hindu law govern a range of issues about property inheritance and succession in Hindus to a significant extent. Although both have their origins in ancient texts and scriptures, both of them differ in their interpretation and application of the law. This leads to differences in how they deal with inheritance, co-parcenary rights, and the treatment of female heirs.
There are several schools, with the two primary ones being Mitakshara and Dayabhaga. They originate from the old Dharmashastras. These schools differ in their interpretations of family law and inheritance. Mitakshara school holds sway in many parts of India. Dayabhaga is strictly followed in the eastern states, especially in Bengal and Assam.
Such systems have origins in different texts and provide contrasting views on matters concerning property rights, especially with regard to how a coparcenary is defined and who has rights over inheriting ancestral property. These schools of thought shall now be divided into their main areas, differences, and relevance for the modern world.
Meaning of Mitakshara
The oldest legal school of Hindu law is known as Mitakshara after its name is taken from the commentary of Vijnaneshwara on the Yajnavalkya Smriti. But the word "Mitakshara" itself means "a concise explanation." It is prevalent in most regions of India and can be found all over the north, south, and west.
The Mitakshara school completely adheres to the concept of a coparcenary. It refers to the male descendants of a family who have a joint interest in the family property. It is based on the notion of ancestral property, whereby a son, the moment he is born, automatically acquires a right to the property.
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Meaning of Dayabhaga
There is the Dayabhaga school of Hindu law too. This school is followed mostly in Bengal and Assam. The school is named after the book of Jimutavahana, Dayabhaga, which is a treatise dealing with inheritance and succession in movable and immovable properties. In contrast to the school of Mitakshara, Dayabhaga school does not attribute the rights of the coparcenary at birth. The son's rights in the property arise only upon the death of his father.
Flexibility has been given to a great extent to a person in disposing of his property under the Dayabhaga, and the rights of heirs are at the mercy of the will of the individual, while in the Mitakshara system, ancestral property is treated as joint family property.
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Key Features of Mitakshara
The Mithakshara school of Hindu law states that property inheritance is based on a joint family, followed by inheritance from ancestors. The majority of its rules are followed in most parts of India, and it clarifies how the property is shared with the male heirs. Some of the fundamental elements under Mithakshara are as follows –
Rights of Coparcenary: According to Mitakshara law, at birth, a son gains the status of a coparcener in the family property. He is on par with his father to share the ancestral property of his family.
Ancestral Property: An ancestral property automatically passes on from generation to generation and does not require a will or testament. Any male descendant of the family enjoys this property.
Partition: Any co-owner can seek partition of the property. After partition, every co-owner was entitled to an equal share in the ancestral property.
Joint Family System: Mitakshara puts forth the sentiment of a joint family system where the entire property lies with the male members collectively and a person cannot claim absolute rights until partition.
Female Rights: Under Mitakshara law, females were not entitled to rights on the ancestral property. However, under the Hindu Succession (Amendment) Act, 2005, rights equivalent to those of sons have been conferred upon daughters over coparcenary property.
Succession Law: When the coparcener dies, the property is divided among the members of the coparcenary who survive. The legal heirs do not acquire the right over the property under Mitakshara. This is not the case under Dayabhaga law.
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Key Features of Dayabhaga
The Dayabhaga school of Hindu law is found in Bengal and Assam. It is considered to be more individualistic than Mitakshara about property ownership. Unlike Mitakshara, it does not confer birth rights over property and offers greater freedom to the head of the family. Its features include flexibility, testamentary rights, and inheritance after the father's death.
No Birth Right to Property: In Dayabhaga, a son does not come into coparcenary rights by birth. Therefore, the property is said to exist with the father till his death.
Individual Ownership: Property is deemed to be owned by a person, and he has the right to dispose of the property according to one's will. It gives much more control over distribution.
Inheritance Rights: Succession in Dayabhaga occurs only after the death of the owner, and succession of the heirs is based on a will or testament.
Partition after Death: Partition occurs only after the death of the father, not while he is alive, hence giving a greater degree of independence to the head of the family.
Women's Rights: Dayabhaga law is more progressive concerning the rights of women than another traditional law, Mitakshara. The widows and daughters had a right to get hold of the property even before the amendments made in 2005.
Intestate Succession: When the person dies without making a will, then their property gets divided between the respective heirs in equal shares; however, he has the right to give it to whom he wants to or distribute it during his lifetime if he wishes to.
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Detailed Difference Between Mitakshara and Dayabhaga
Mitakshara and Dayabhaga schools are two distinct systems under Hindu law in the context of inheritance and property rights. The Mitakshara focuses on joint family ownership and birthrights, whereas the Dayabhaga focuses more on individual property rights and inheritance at death. Their regional and legal applications lie in several key differences.
1. Inheritance Rights:
Mitakshara: Through birth, a son gets rights to ancestral property.
Dayabhaga: Only after the father's death do sons become entitled to property.
2. Coparcenary System:
Mitakshara: A coparcenary is formed at birth where all male descendants are included.
Dayabhaga: No coparcenary system; it is at the time of the father's death that inheritance happens.
3. Partition of Property:
Mitakshara: Partition can be done during the lifetime of the father, whereby coparceners can demand their shares.
Dayabhaga: Partition only after the owner of the property has died.
4. Female Rights:
Mitakshara: Limited rights from females, which rose after the 2005 amendment because daughters were given equal rights
Dayabhaga: More liberal, because of which daughters and even widows would inherit properties even before the legal changes.
5. Regions Followed:
Mitakshara: Widespread application was witnessed in northern, southern, and western Indian states.
Dayabhaga: Commonly followed in Bengal and Assam.
6. Nature of Property:
Mitakshara: Such property was called ancestral property. No person can will it to someone else so that there would not be a question of its distribution at that time.
Dayabhaga: Property is considered the ownership of the individual, which a person can further will upon death.
7. Flexibility in Property Distribution:
Mitakshara: The ancestral property has lesser freedom with the testamentary decisions.
Dayabhaga: There is more freedom, and an individual can further handle and distribute their property.
8. Succession Law:
Mitakshara: The persons inherit coparceners, and the portion given to coparceners depends on the set of rules of a joint family.
Dayabhaga: Property is inherited individually by legal heirs. There is more importance given to intestate succession or testacy.
9. Basis of Property Rights:
Mitakshara: The law of property is based on birth in the family.
Dayabhaga: Rights are based on the death of the property owner
10. Joint Family System:
Mitakshara: The title/ownership was joint.
Dayabhaga: Title/Ownership was individual.
AspectMitakshara SchoolDayabhaga SchoolRegionsMost parts of India (North, South, and West)Bengal, Assam (Eastern India)Inheritance RightCoparcenary right by birthRight accrues only after the father’s deathAncestral PropertyJoint family property cannot be willed awayIndividual property can be disposed of by willCoparcenary SystemIncludes all male descendants from birthNo coparcenary system; property passes upon deathPartition of PropertyPossible during the father’s lifetimeOnly after the death of the fatherFemale RightsLimited traditionally, improved by the 2005 ActMore progressive, daughters and widows inherit propertyFlexibilityLess flexible, emphasizes family unityMore flexible, allows individual autonomyDivision of PropertyDivided equally among coparceners at partitionDivided only after the father's deathTestamentary RightsLimited, especially for ancestral propertyGreater testamentary rights, including over ancestral property
Examples of Inheritance Under Both Systems
Mitakshara Example: Consider a family having a father and two sons as co-parceners. When each son is born, they automatically get an interest in the ancestral property of the family. Even if the father has no wish for it, the entire property would be divided equally between the father and both sons if any one of the sons wants partition.
Example Under the Dayabhaga system, as said, in the same family, the father is considered to be the absolute owner of the property until death. After his death, the property will be shared as mentioned in his will or, in the case that he dies without a will, among his beneficiaries. These may include sons, daughters, and widows.
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Conclusion
There are two approaches to property and inheritance within the Hindhu law approach. The first one is presented by the Mitakshara, and the second one is presented by the Dayabhaga. Mitakshara is the school of thought. It emphasizes joint family ownership with a birthright to ancestral property. Dayabhaga emphasizes more on individual autonomy and testamentary power. The two systems will bring out the different regional outlooks in the interpretation of Hindu law. Both schools exist today as efforts by modern legal reformations, such as the Hindu Succession (Amendment) Act of 2005. It tried to mend some of the historical inequities so ingrown in these systems on grounds of gender.
Difference Between Mitakshara and Dayabhaga FAQs
1. What is the primary difference between Mitakshara and Dayabhaga?
The primary difference is that under inheritance rights. A son is granted coparcenary rights by birth under Mitakshara, while property rights come only after the death of the father under Dayabhaga.
2. Can daughters inherit property in the Mitakshara system?
Yes. In the Mitakshara system, daughters became coparceners like sons following the Hindu Succession (Amendment) Act of 2005.
3. Which regions follow the Dayabhaga school?
Dayabhaga school is mainly followed in Bengal and Assam. Mitakshara is followed in most other parts of India.
4. What is the scenario when a father dies intestate in the Dayabhaga system?
If a person dies intestate at the hands of the Dayabhaga, then the property passes equally to the legal heirs of the deceased, such as sons, daughters, and the widow.
5. Can the property be devised according to the Mitakshara school?
According to the Mitakshara school, self-acquired ancestral property cannot be specially bequeathed generally; however, self-acquired property may be willed.
