Thursday, June 20, 2024

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HINDU LAWMODEL ANSWER

MITAKSHARA SCHOOL VS DAYABHAGA SCHOOL

Explain the difference between Mitakshara school and Dayabhaga school.

          
Point of DifferenceMitakshara school Dayabhaga school.
WRITTEN BYIt is written by Vijnanesvara.It is written by Jimutavahana.
APPLICABILITYThis school is applicable to whole of India except state of Bengal and Assam.This school is applicable only in state of Bengal and Assam.
JOINT FAMILY PROPERTYRight to property arises by birth of a child. Hence, child is a co-owner with father in ancestral property. Father has restricted powers of alienation and son can claim partition even during the lifetime of his father. The interest of a coparcener would pass to the other coparceners by survivorship on his death. The coparceners have community of interest and Unity of possession but their interest in property fluctuates.Right to property arises by the death of last owner. Hence child has no right to ancestral property during the lifetime of his father. Father has absolute power of alienation and son cannot claim partition during the lifetime of his father. The interest of every person would pass by inheritance to his heirs on his death. Coparceners have specified and certain share of property.
ALIENATIONMembers of joint family cannot dispose of their share in undivided joint family property because every coparcener is a co-owner of that property and their share is not certain.Any member of a joint family may sell or give away his share even when undivided because his share in joint family property is specified and certain.
INHERITENCEThe basis of principle of inheritance is consanguinity. In this school agnates are preferred over cognates. The basis of principle of inheritance is spiritual efficacy. Some cognates like sisterโ€™s son preferred over many agnates.
   

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