Dayabhaga vs Mitakshara of Hindu Laws
One of the oldest schools of law is The Hindi School of Law. It is considered to be about 6000 years old. Hindu law was established by the Hindu people to attain salvation and fulfill everyone’s needs. In other words, Hindu law was established for the overall welfare of the society.
Hindu law school has two sources of information. First, the Ancient sources, these are the sources available from ancient times and show the development of the Hindu laws. Ancient sources are classified into four sections, namely- Shruti, Smriti, Customs, Digest and Commentaries. The second system is the Modern sources. Judicial decisions are the most important modern sources. It is considered to be authoritative and is to be followed by all. The customs laid help in the expansion of the Hindu laws.
Hindu law is divided into various different schools. The two major schools among them are Dayabhaga and Mitakshara. Dayabhaga and Mitakshara are the laws that relate to inheritance in families.
Dayabhaga is the school of Hindu law which states that the children have no right on the ancestral property before the death of their fathers. Mitakshara school of Hindu law states the son acquires the right to the ancestral property just after their birth.
The difference between Dayabhaga and Mitakshara is in the basic idea of them. Dayabhaga does not give anyone the right to property before the death of their forefathers whereas Mitakshara gives anyone the right to property just after their birth.
Comparison Table Between Dayabhaga and Mitakshara of Hindu Laws
|Parameters of Comparison||Dayabhaga||Mitakshara|
|Joint family system||The Dayabhaga system considers both the male and the female of the family.||Mitakshara school considers only the male members of the family under the joint family.|
|Right to property||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.|
|Partition||The Dayabhaga system considers a physical separation of the property and giving partitions of property to their respective owners.||Mitakshara system does partition of property only interns of shares.|
|Rights of woman||Gives the right to stridhan to women and also the equal right in husbands' property.||Women have no rights and can't demand partition.|
|Features||Liberal, Right to Individuality, found more in modern times.||A Conservative but more reliable system.|
What is Dayabhaga?
Dayabhaga is the inheritance law based on the principle of spiritual benefit. It was formulated with a purpose to eradicate the absurd practices related to the inheritance of property. Dayabhaga is a popular Hindu belief practiced mainly in West Bengal, Assam, Jharkhand and Odisha.
Dayabhaga is believed to be written between 1090 and 1130. In legal terms, Dayabhaga is said to be a treaty dealing with the aspects of Hindu laws majorly relating to inheritance. Dayabhaga gives a well-defined share of the property to descendants.
Dayabhaga is a system in which the sons have the right to the property of their fathers only after the father’s death. It is only under special circumstances that the son has the right to property before the father’s death.
Dayabhagagi gives the woman the right to stridhan, they have an absolute right over it and can use it without even husbands’ consent. It also gives widows the right to property over their husband’s shares.
Dayabhaga being a liberal school of Hindu law is mostly found in modern societies. It is also known as a progressive school of Hindu law. It gives an individual the right to individuality.
What is Mitakshara?
The Mitakshara school of Hindu law is better known as the “Inheritance by birth”. Mitakshara gives the right to father’s property to a son just as the son is born. Mitakshara school of Hindu law is practiced in all states of India except Assam and West Bengal.
Mitakshara is believed to be written between 1055 CE and 1126 CE by Vijnanesvara. Some of the most important chapters of Mitakshara include property rights, property distribution, and inheritance.
Mitakshara considers only the male members of the family under the joint family system. The males of the family have the complete hold over the property. Even though Mitakshara is a system of inheritance of property but it does not give hold of the physical property to the individuals, it only gives them a share percentage of the property they hold.
Mitakshara school does not give any rights to females or wives, they don’t have any share in the ancestral property, only the mothers have the right over their son’s share. Widows only have the right to maintenance of their husband’s property but they can’t have a claim over it.
Main Differences Between Dayabhaga and Mitakshara of Hindu Laws
- The joint family system in Dayabhaga considers both the male and the female members of the family while Mitakshara considers only the make members of the family.
- Dayabhaga school does not give the right to property by birth while Mitakshara gives an individual the right to property by birth.
- The Dayabhaga system considers the physical separation of the property while it is not so in the Mitakshara school.
- The Dayabhaga school gives some rights to the females while the Mitakshara school does not give any rights to the females.
- The Dayabhaga system gives one the right to individuality while Mitakshara gives no such right.
- The Dayabhaga school is more liberal whereas the Mitakshara school is more conservative.
The Hindu laws were made with the purpose of the welfare of people. Dayabhaga and Mitakshara both were made to fulfill everyone’s needs but with the modernization of the world, these laws too have been through advancements and amendments through various acts.