Dayabhaga School of Law
Dayabhaga is an inheritance law based on the principle of spiritual prosperity. It was built with the goal of eliminating irrational practices related to property inheritance. Dayabhaga is a well-known Hindu religion practiced mainly practised in West Bengal, Assam, Jharkhand and Odisha.
The Dayabhaga is believed to have been written between 1090 and 1130. Legally, Dayabhaga is said to be an agreement dealing with aspects of Hindu laws relating to inheritance. Dayabhaga gives the generation a well-defined property.
Dayabhaga is a system in which sons are entitled to the property of their father only after the death of the father. It is only under exceptional circumstances that a son is entitled to property before the death of his father.
Dayabhaga gives a woman the right to stridhan, they will have a full right over it and may use it without the consent of their husbands. It also gives widows the right to own property in addition to their husband’s shares.
Dayabhaga being a free school of Hindu law is very common in modern societies. It is also known as a progressive school of Hindu law. It gives a person the right to individuality.
Mitakshra School of Law
The Mitakshara school of Hindu law is better referred to as “Inheritance by birth”. Mitakshara gives the right to the father’s property to the son as soon as the son is born. The Mitakshara School of Hindu Law is practiced in all the provinces of India except Assam and West Bengal. Mitakshara is believed to have been written between 1055 CE and 1126 CE by Vijnanesvara. Some of the most important chapters of Mitakshara include property rights, distribution, and inheritance.
Mitakshara only looks at male family members under an integrated family program. The men of the family have the full right to control the property. Although Mitakshara is an asset system system but does not provide tangible assets to people, it only gives them a percentage of the share of the assets they own.
Mitakshara School does not give rights to women or wives, they have no share in ancestral property, only mother have more rights than their son’s share. Widows are entitled not only to their husbands’ property but also to their own property.
Differences between Dayabhaga and Mitakshra School of Law
1. The Dayabhaga School considers both the male and female members of the family while the Mitakshara School only considers the male members of the family.
2. Dayabhaga School does not givebirth right property whereas Mitakshara gives birthright property.
3. The Dayabhaga School considers the physical separation of the property while it is not in the Mitakshara School.
4. Dayabhaga School grants certain rights to women while Mitakshara School does not grant rights to women.
5. The Dayabhaga system gives a person the right to independence while Mitakshara does not grant that right.
6. Dayabhaga School is more comfortable while Mitakshara School is more coservative.
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