What is the Dayabhaga law?
Asked by: Nicola Hodkiewicz | Last update: February 2, 2026Score: 4.3/5 (59 votes)
The Dayabhaga law is a traditional Hindu school of jurisprudence, primarily followed in West Bengal and Assam, that governs inheritance and property rights, differing significantly from the Mitakshara system by emphasizing individual ownership over joint family property; under Dayabhaga, sons don't gain rights by birth but inherit specific shares on the father's death, granting the father absolute control over ancestral property during his lifetime, and notably, it historically included women (widows, daughters) as heirs, offering them more progressive rights than Mitakshara.
What is the meaning of Dayabhaga in law?
Dāyabhāga states that the father is the sole ruler of all property, both ancestral and personal. Unlike the Mitākṣarā, ancestral property is not seen as communal, therefore the father does not require the consent of his sons to act over the ancestral property.
What is the difference between Mitakshara and Dayabhaga?
Mitakshara: The persons inherit coparceners, and the portion given to coparceners depends on the set of rules of a joint family. Dayabhaga: Property is inherited individually by legal heirs. There is more importance given to intestate succession or testacy.
How does Dayabhaga work?
The concept of Dayabhaga is followed only in certain parts of India like West Bengal, Assam etc. in this school there is no right by birth given to son. Son can inherit the property on his father's death. Likewise when son dies his heir's male or females can succeed his property.
What happens when Dayabhaga is silent?
Explanation: In Hindu law, particularly under the Dayabhaga system, when the Dayabhaga text is silent on a particular matter, the principles of Mitakshara law or general customs may prevail.
Difference between Dayabhaga and Mitakshara School of Law
Who are disqualified heirs for succession?
The Hindu Succession Act, 1956 declares that a person who commits murder or abets the commission of murder of the diseased is disqualified from inheriting the property of that person as well as from acquiring any property that would have come to him or her through that act of succession.
Who gave the concept of Dayabhaga?
The term Dayabhaga is derived from a similarly named text written by Jimutavahana. It is observed in all parts of India. It is observed in Bengal and Assam. A son, by birth, acquires an interest in the ancestral property of the joint family.
Is Mitakshara still relevant today?
“The influence of Mitakshara written by Vijnaneshwara on the landscape of Hindu personal law and its interpretation of law still resonates in the modern legal system. Its rich legal system is active in our society through numerous Acts.
What is the Dayabhaga law of debts?
Debts Under Dayabhaga Law:
It means the person who gives the decreased religious advantage is entitled to inheritance rather than the other. The dayabhaga school of law does not distinguish between joint family property and separate property, because the property is based on the principle of inheritance.
Where Dayabhaga is silent, which will prevail?
The Dayabhaga school prevails in only Bengal and Assam. But on all those matters on which Dayabhaga is silent, are regulated by Mitakshara. The Dayabhaga is a digest on leading smritis, and deals only with partition and inheritance.
What is the Dayabhaga partition?
According to Dayabhaga, a son is not entitled to a partition of the coparcenary property against his father. The reason is that a son, according to Dayabhaga Law, does not acquire interest in the ancestral property by birth. The same rule applies to grandsons and great-grandsons.
What is the landmark Judgement on inheritance?
Ans: The Vineeta Sharma v. Rakesh Sharma judgement ensures daughters have equal rights to inherit ancestral property. This decision is a landmark in recognizing the equal status of daughters in matters of inheritance, irrespective of their father's status at the time of the amendment.
What are the origins of Dayabhaga?
The Dayabhaga, a treatise on the inheritance and succession based mainly on the Yajnavalkya-smrti, is believed to have been written sometime after the eleventh or thirteenth century by Jimutavahana.
Who is not allowed to inherit from parents?
Intestate succession laws do not favor any family member not related biologically or with whom you have not signed a legal agreement. These people include: Stepfamily (stepchildren, stepparents, stepsiblings) Unmarried partners (in most states)
Who are class 1 and class 2 heirs?
Class I Heirs: These heirs have the first claim on a Hindu's property if they die intestate. Class I heirs include the deceased's sons, daughters, widow, and mother. These individuals inherit equal shares of the property. Class II Heirs: If no Class I heirs exist, Class II heirs inherit the property.
How is a Coparcenary formed in Dayabhaga?
According to the Dayabhaga law, the foundation of a coparcenary is laid on the death of father. So long as the father is alive, there is no coparcenary in the strict sense of the word between him and his male issue. It is only on his death leaving two or more male issues that a coparcenary is first formed.
What is the inheritance under Dayabhaga law?
Under the Dayabhaga system, the widow's inheritance is not determined by whether he died separated or united. Thus, by granting the widow the right to inherit her deceased husband's property when he leaves behind no male issue, the Dayabhaga school dilutes the heavily patriarchal system prevalent in India at the time.
Do legal heirs have to pay debt?
Doctrine of Pious Obligation: -
In addition to the obligation imposed by the Mitakshara Law on the Son/Grandson/Great-Grandson, the doctrine of Pious Obligation is also applicable to a legal heir to satisfy the debt of his ancestor provided the debts are not of an immoral character.
What are the three debts of Hinduism?
The first debt is owed to the Divine. The second is to the Rishis (sages). The third is to one's parents. A debt is an obligation arising out of what one has received from others.
What are the types of property under Mitakshara law?
Hindu Law of Inheritance
The mode of devolution of property under the Mitakshara School depends on the type of property. The two types of properties under Mitakshara school are – coparcenary property and separate property.
Is there any difference between Hindu joint family and Hindu undivided family?
In India, there is a presumption that every Hindu Family is joint. The joint and undivided family is the normal condition of Hindu society. An undivided Hindu family is joint not only in estate but in food and worship.. However, the possession of joint property is not a requisite for constitution of joint family.
How does Mitakshara work?
[8] According to Mitakshara law, each son acquires an equal interest in his father's property as soon as he is born and on his father's death gets the property by survivorship whereas under Dayabhaga, the son doesn't acquire any interest in father's property by birth and his rights regarding the property are determined ...
What prevails when Dayabhaga is silent?
In matters where Dayabhaga is silent, the Mitakshara school of Hindu law prevails. Dayabhaga and Mitakshara are two major schools of Hindu law in India. Dayabhaga is prevalent in Bengal and Assam, while Mitakshara is followed in most parts of India.
What is the most authoritative source of Hindu law?
For the Hindu all belief takes its source and its justification in the Vedas [Śruti]. Consequently every rule of dharma must find its foundation in the Veda.
Who gave the concept of patriarchy?
The patriarchal political theory is closely associated with Sir Robert Filmer. Sometime before 1653, Filmer completed a work entitled Patriarcha. However, it was not published until after his death.