The Hindu law on inheritance and property matters, is largely based on the teachings of Mitakshara and Dayabhaga schools. These two schools which have influenced India’s inheritance laws, take quite different views on property rights and succession. It is important to know these differences to manage Hindu inheritance law and see how families and properties work in India.
This article looks closely at the Mitakshara and Dayabhaga schools, their history and the ways they still influence inheritance and family matters in India.
How Mitakshara and Dayabhaga Started
Even though the Mitakshara and Dayabhaga schools both started from ancient Hindu law, they appeared in different regions and are guided by different understandings of the same texts.
Mitakshara School
The Mitakshara school which takes its name from Vijnaneshvara’s commentary on the Yajnavalkya Smriti, is followed in most areas of India. The school brought up the idea of coparcenary which means that a man’s descendants from the father to the great-grandsons would own ancestral property together. Mitakshara is the basis for inheritance laws in Maharashtra, Karnataka, Uttar Pradesh, Rajasthan and Gujarat.
Dayabhaga School
The Dayabhaga school which was started by Jimutavahana in the 12th century, is practised in West Bengal, Assam and some areas of Bihar. It is marked by people living apart from their joint family. Instead, this system gives property rights to people after their father dies and each heir receives property following the rules of inheritance or the father’s will.
The most important principles in Mitakshara and Dayabhaga
Both schools have basic beliefs that are not the same about property, inheritance and succession which greatly affect how Hindu families handle their property.
Mitakshara School
- Mitakshara relies on coparcenary, so property is owned by male members of a family and can be passed down from one generation to the next. Here’s what happens:
- Fathers can give their property to their sons by birth. From their birth, male children are entitled to their ancestral property.
- Coparceners (male members) can demand that the family property be divided among them at any time during their father’s life.
- Property is considered family property until a formal division is made which divides it among the coparceners.
- Stridhana: Women can only inherit gifts, called stridhana and they are responsible for controlling these items.
Dayabhaga School
Unlike other schools, the Dayabhaga school highlights that property is owned by an individual and can only be inherited after the father’s death. Important points to remember are:
Only after the father dies can sons and daughters receive any property. They do not get the property just because they are born.
In Dayabhaga, property is given to the next of kin, either as outlined in a will or by the succession law.
Dayabhaga law gives women the right to inherit property, but their rights are typically less than those of men.
What Makes Mitakshara and Dayabhaga Different
The main differences between these two schools of Hindu law are found in their rules for property, inheritance and what women can inherit.
| Aspect | Mitakshara | Dayabhaga |
| Inheritance Rights | Sons inherit by birth; rights are conferred automatically. | Sons inherit only after the father’s death. |
| Joint Family System | Emphasizes coparcenary where property is shared by male family members. | Does not recognize coparcenary; individual ownership is the norm. |
| Partition of Property | Coparceners can demand partition at any time. | Partition occurs only after the father’s death. |
| Women’s Property Rights | Limited; daughters’ rights were restricted until the Hindu Succession Act (2005). | Women can inherit property, but rights are more restricted compared to sons. |
| Geographical Influence | Followed in most of India (except Bengal and Assam). | Predominantly followed in Bengal, Assam, and some parts of Orissa. |
| Sub-Schools | Includes the Banaras, Maharashtra, Mithila, Andhra, and Dravida schools, with regional variations. | Various sub-schools like Bengal, Mayukha, Vyavahara Matrika, etc., interpret inheritance rules differently. |
Mitakshara and Dayabhaga are two different ways that Hindu inheritance law is applied. Mitakshara is based on coparcenary and joint family ownership, but Dayabhaga stresses that property should be divided among heirs after a person dies. They both show the variety in India’s laws and culture and have made a lasting difference in how inheritance, succession and property are handled. To handle issues related to family and property in Hindu law, it is important to recognise these differences. Both systems are still important as legal reforms in India continue to change.
Points to be Noted
In India, inheritance and property rights are determined by the two main Hindu law schools called Mitakshara and Dayabhaga.
Vijnaneshvara made the commentary in the 12th century that started the Mitakshara school. The practise is common throughout India, except in Bengal and Assam. Points out that property in a Hindu family is owned by all members of the family. Sons are given property at birth and can ask for a partition while their father is still alive. Daughters did not inherit coparcenary property equally with sons until the Hindu Succession Act of 2005 was passed.
Dayabhaga orignates from Jimutavahana’s commentary in the 12th century. It is practised in Bengal, Assam and some areas of Orissa. The system centres on individuals and property is handed down to them after the father dies. Property is divided according to the father’s will or according to the laws in the area. While daughters can inherit, the rules for them are more limited than for sons.
Key Differences
- In Mitakshara, property is divided among all family members, but in Dayabhaga, it is divided among individuals.
- According to Mitakshara, sons are entitled to property from birth, but Dayabhaga only allows this after the father’s death.
- According to Mitakshara, a father may divide his property while alive; in Dayabhaga, partition can only happen after the father’s death.
- Inheritance rights for women are better protected in Dayabhaga than they are in Mitakshara which was traditionally more traditional.
- Both Mitakshara and Dayabhaga have several regional sub-schools, for example, the Banaras, Maharashtra and Mithila schools for Mitakshara and the Bengal, Mayukha and Dattaka Mimamsa schools for Dayabhaga.
- The Act of 1956 and its 2005 amendment gave daughters the same right to inherit ancestral property as sons and also increased women’s rights under Dayabhaga.
- Inheritance laws in India are still guided by Mitakshara for joint family property and by Dayabhaga for individual ownership. The way these systems are used today is being affected by legal changes and family changes.
