Difference between ‘Mitakshara’ and ‘Dayabhaga’ Schools of Hindu Law for succession

 Difference between ‘Mitakshara’ and ‘Dayabhaga’ Schools of Hindu Law:

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Parameters of Comparison

Dayabhaga

Mitakshara

Joint family system

The Dayabhaga system considers both the male and the female of the family.

Mitakshara school considers only the male members of the family under the joint family.

Right to property

In Dayabhaga, children have no right over property by birth and arise only after the death of their fathers.

In the Mitakshara system, the son, grandson and great-grandson acquire the right to property by birth.

Partition

The Dayabhaga system considers a physical separation of the property and giving partitions of property to their respective owners.

Mitakshara system does partition of property only interns of shares.

Rights of woman

Gives the right to stridhan to women and also the equal right in husbands’ property.

Women have no rights and can’t demand partition.

Features

Liberal, Right to Individuality, found more in modern times.

A Conservative but more reliable system.

 

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