Dayabhaga and Mitakshara are two schools of Hindu law that govern the laws of inheritance and property rights for Hindu families in India. The primary difference between the two is the way they treat the concept of coparcenary.
Daya Bhaga Coparcenary
In the Dayabhaga system does not recognize the concept of coparcenary in the same way as the Mitakshara system. Instead, all family members, including daughters and widows, have equal rights to inherit property.
In the Dayabhaga system, the ownership of ancestral property is not divided among coparceners, but instead passes to the heirs of the deceased in equal shares.
Mitakshara Coparcenary
On the other hand Mitakshara system, coparcenary is an automatic right acquired by birth for male members of a joint Hindu family. It is based on the principle of survivorship, meaning that when a coparcener dies, his share automatically passes to the surviving coparceners.
The Mitakshara system recognizes ancestral property, which is property inherited from a male ancestor, as coparcenary property.
Key Difference Between Daya Bhaga Coparcenary and Mitakshara Coparcenary
| BASIS FOR COMPARISON | DAYA BHAGA COPARCENARY | MITAKSHARA COPARCENARY |
|---|---|---|
| Definition | It is a system of property inheritance prevalent in West Bengal and Assam. | It is a system of property inheritance prevalent in most parts of India. |
| Coparceners | Only male descendants up to four degrees from the holder of the property can be coparceners. | Male descendants up to any degree from the holder of the property can be coparceners. |
| Female Inheritance | Female heirs do not have an equal right to inherit property. They have limited inheritance rights and can only inherit in certain circumstances. | Female heirs have an equal right to inherit property along with male heirs. |
| Property Partition | The holder of the property can partition it as per his wish during his lifetime, and such partition is considered valid. | The holder of the property cannot partition it during his lifetime without the consent of all coparceners. |
| Ancestral Property | Ancestral property is not recognized under Daya Bhaga law. | Ancestral property is recognized, and all coparceners have an equal right to it. |
| Devolution of Property | Property devolves as per the rules of succession laid down in the Hindu Succession Act. | Property devolves as per the rules of succession laid down in the Mitakshara school of Hindu law. |