04 Sep 2023 Mitakshara and Dayabhaga
This article covers “Daily Current Affairs” and the topic details “Mitakshara and Dayabhaga”. The topic “Mitakshara and Dayabhaga” has relevance in the Governance section of the UPSC CSE exam.
GS 2: Governance
Why in the news:
The Supreme Court ruled that a child born from a marriage that is either void or voidable has the right to inherit the parent’s portion of a joint Hindu family property governed by the Mitakshara law.
About Mitakshara and Dayabhaga
In the area of Hindu family law in India, two prominent schools of thought govern the principles of succession within the Hindu Undivided Family (HUF) – the Dayabhaga School and the Mitakshara School. These legal systems have distinct regional and doctrinal variations that influence how inheritance and succession are handled.
Key Points:
- Regional Divide: While the Dayabhaga School prevails in Bengal and Assam, the Mitakshara School is followed in all other regions of India. The Mitakshara School further subdivides into various schools such as the Benares, Mithila, Maharashtra, and Dravida schools.
- Key Interpreters: Vijnaneshwar and Jeenutavahan are renowned scholars associated with interpreting the Mitakshara and Dayabhaga Schools, respectively.
- Mitakshara School: In this school, property allocation is based on the principle of possession by birth. A person can bequeath their self-acquired property through a will. Joint family property is inherited by coparceners, typically extending to the next three generations. The partition can convert joint family property into separate property. Sons have a birthright in joint family property under this school.
- Dayabhaga School: In this school, property inheritance occurs upon the death of the possessor. Birthright and property devolution by survivorship have limited significance. Each coparcener has the right to separate their share in the joint family property.
- Division in Dayabhaga: In this school, property division is relatively straightforward. If a man dies intestate, his property is evenly divided among his sons. If he shares common property with brothers, a share equal to his portion is separated, and his share is divided among his sons.
- Principle Basis: The Dayabhaga School’s law of succession is rooted in religious value or divine profit, whereas the Mitakshara School relies on the principle of blood-relationship.
- Mitakshara School Restrictions: The Mitakshara School imposes restrictions, such as excluding females from inheritance and prioritizing agnates (paternal relatives) over cognates (maternal relatives). For instance, if a Hindu man leaves behind a son and a daughter, the daughter is excluded entirely, and the son inherits the entire property.
- Hindu Succession Act, 1956: The Mitakshara School influenced the Hindu Succession Act, 1956, which governed succession and property inheritance. However, it primarily recognized males as legal heirs. The Act applied to individuals who were not Muslims, Christians, Parsis, or Jews by religion, including Buddhists, Sikhs, Jains, followers of Arya Samaj, and Brahmo Samaj, as Hindus for legal purposes.
Q.1 Consider the following statements about the Mitakshara School of Hindu law :
- Mitakshara is primarily followed in Bengal and Assam regions of India.
- In Mitakshara, property allocation is based on possession by birth.
- Under Mitakshara law, a person can leave their self-acquired property through a will.
How many of the above statement/s is/are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
ANSWER: B
Q.2 Which of the following statements about the Dayabhaga School of Hindu law is/are correct?
- Dayabhaga is predominantly followed in most regions of India except Bengal and Assam.
- Birthright and property devolution by survivorship have limited significance in the Dayabhaga School.
- Dayabhaga law divides property uniformly among a man’s sons if he dies intestate.
How many of the above statement/s is/are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
ANSWER: B
Q.3 Examine and compare the principles and implications of the Dayabhaga and Mitakshara Schools of Hindu law with regard to property inheritance and succession. Furthermore, assess the impact of these schools on gender rights and the evolving landscape of property laws in modern India.
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