Mitakshara and Dayabhaga Schools

Introduction

• Two schools of Hindu law: Mitakshara and Dayabhaga.
• They shape inheritance laws in India.

Mitakshara School

• Origin: Commentary by Vijnaneswara in the 12th century on the Yajnavalkya Smriti.
• Geographical Influence: Western and southern India; also prevalent in North India.
• Concepts:
  • Coparcenary: Ancestral property is jointly owned by male family members.
  • Daughters' rights to inherit property, though limited.
  • Recognizes the right to create a will for property distribution.
• Property Inheritance:
  • By birth, adoption, will, and survival.
  • Stridhana: Property owned by women through gifts or inheritance.
• Sub-Schools:
  • Banaras School: Emphasizes traditional texts.
  • Mithila School: Promotes equal rights for daughters.
  • Maharashtra School: Supports individual ownership rights.
  • Andhra School: Emphasizes coparcenary.
  • Dravida School: Emphasizes religious freedom.

Dayabhaga School

• Origin: Commentary by Jimutavahana in the 13th century on the Yajnavalkya Smriti.
• Geographical Influence: Predominantly eastern India - Bengal, Assam, Orissa, parts of Bihar.
• Concepts:
  • Emphasizes individual ownership over joint family property.
  • Inheritance based on the nearest male relative.
  • Sons and daughters inherit based on will or closeness of relation.
• Sub-Schools:
  • Bengal School: Recognizes mother's role in inheritance.
  • Mayukha School: Eldest son's right to inherit.
  • Vyavahara Matrika School: Acknowledges daughters' and widows' rights.
  • Dattaka Mimamsa School: Highlights adoption's role in inheritance.
  • Nirnaya Sindhu School: Emphasizes customs in inheritance.

Differences Between Mitakshara and Dayabhaga

• Joint Family System:
  • Mitakshara: Focus on male members.
  • Dayabhaga: Includes both male and female members.
• Right to Property:
  • Mitakshara: Sons, grandsons, great-grandsons have rights by birth.
  • Dayabhaga: Rights after father's death.
• Partition:
  • Mitakshara: Defined shares.
  • Dayabhaga: Physical separation.
• Rights of Women:
  • Mitakshara: Limited rights.
  • Dayabhaga: Stridhan and equal rights.
• System Nature:
  • Mitakshara: Conservative.
  • Dayabhaga: Liberal.

Conclusion

• Both schools significantly influence Hindu inheritance and succession laws.
• They reflect geographical, cultural, and historical diversity in India.
• The differences impact property rights and family dynamics.
• Their relevance persists in modern India, influencing ongoing legal and societal developments.