Mitakshara and Dayabhaga are two schools of Hindu law that govern joint families in India. There are some key differences between the two schools, including the following features:
Features of Mitakshara Joint Family
- Formation: The joint family is formed by birth and descent. All male members of the family are considered coparceners and have an equal right in the family property.
- Inheritance: Inheritance is based on survivorship and succession by birth. The property passes to the surviving coparceners by survivorship, and on the death of a coparcener, his share passes on to his sons.
- Property Ownership: The property is owned jointly by all male members of the family, with the eldest male member (Karta) as the head of the family. The Karta has the power to manage and dispose of the family property, subject to certain limitations.
- Partition: Partition can be initiated by any coparcener, and results in the division of property between the coparceners. The right to seek partition is considered an essential feature of the Mitakshara joint family.
- Succession of Karta: The eldest male member of the family becomes the Karta by virtue of birth and can only be replaced by death or renunciation. The Karta has the power to manage and dispose of the family property, subject to certain limitations.
Features of Dayabhaga Joint Family
- Formation: The joint family is formed by a common ancestor. The property is owned by the owner and not by the family as a whole.
- Inheritance: Inheritance is based on the concept of “proprietorship”. The owner has the power to dispose of his property during his lifetime or by will, and the property passes to his heirs as per his wishes.
- Property Ownership: The property is owned by the owner and not by the family as a whole. The owner has the power to manage and dispose of his property during his lifetime, subject to certain limitations.
- Partition: Partition can only be initiated by the owner, and results in the division of property between the owner and his heirs. Partition is not an essential feature of the Dayabhaga joint family.
- Succession of Karta: The owner of the property can nominate a successor in his will or by declaration during his lifetime. The successor becomes the owner of the property after the death of the previous owner.
