What is the key difference between Mitakshara and Dayabhaga schools of Hindu Law?
Answers
ᴀɴꜱᴡᴇʀ :
ᴍɪᴛᴀᴋꜱʜᴀʀᴀ :
ᴀᴄᴄᴏʀᴅɪɴɢ ᴛᴏ ᴛʜᴇ ᴍɪᴛᴀᴋꜱʜᴀʀᴀ ᴀ ꜱᴏɴ, ɢʀᴀɴᴅꜱᴏɴ ᴀɴᴅ ɢʀᴇᴀᴛ-ɢʀᴀɴᴅꜱᴏɴ ᴀᴄQᴜɪʀᴇ ʙʏ ʙɪʀᴛʜ ᴀ ʀɪɢʜᴛ ɪɴ ᴛʜᴇ ᴀɴᴄᴇꜱᴛʀᴀʟ ᴘʀᴏᴘᴇʀᴛʏ. ᴛʜɪꜱ ᴅᴏᴄᴛʀɪɴᴇ ɪꜱ ᴛʜᴇ ʙᴀꜱɪꜱ ᴏꜰ ᴛʜᴇ ᴍɪᴛᴀᴋꜱʜᴀʀᴀ ᴊᴏɪɴᴛ ꜰᴀᴍɪʟʏ.
ᴅᴀʏᴀʙʜᴀɢᴀ :
ᴀᴄᴄᴏʀᴅɪɴɢ ᴛᴏ ᴛʜᴇ ᴅᴀʏᴀʙʜᴀɢᴀ ᴛʜᴇ ᴏᴡɴᴇʀꜱʜɪᴘ ᴏꜰ ᴛʜᴇ ꜱᴏɴ ᴄᴀɴ ᴀʀɪꜱᴇ ᴏɴʟʏ ᴀꜰᴛᴇʀ ᴛʜᴇ ᴅᴇᴀᴛʜ ᴏꜰ ᴛʜᴇ ꜰᴀᴛʜᴇʀ. ᴛʜᴇʀᴇ, ɪꜱ ɴᴏ ʀɪɢʜᴛ ʙʏ ʙɪʀᴛʜ.
★ Solution :-
What is the Schools of Hindu Law ?
Actually Schools of Hindu Law this is the governing body which in earlier days formed the rules of successions of father's property. This means these laws were for general public following Hinduism who have to follow these necessarily the rules. Also these rules were like the present - day government's order. These were laid by Hindu Committee which was a group of Hindu Orthodox Committee.
» Difference between Mitakshara and Dayabhaga Schools ::
• Mitakshara -
This law states that the right of a child over his father's peoperty is given to the child by his birth. Basically this right was birth right given to mostly male child. When a child was born, he had full life control over his father's property. This means even his father is living but still the child can claim right over his property. This law usually created dispute in the family mostly when the father has more than one child. The reason was that according to this law, each child has the right over his property. So all the children claimed the right over the property. Then all the children's fought over more property and then father couldn't take over the decision on this.
• Dayabhaga -
This law states that the right of a child over his father's property is given to the child after his father's death. Basically this right was given to the wish of father. This right over property was given to male child mostly. When a child was born, he/she didn't have right over his father's property until he is dead. This means that child cannot cease the property of the father. If he/she tries to cease, father can take legal actions against this. Until his father's life, the child has no right to demand the property also. This is less disputed rule. If the father has single child, the child can claim the right after his father's death. But when the father has more than one child, then the father has right to decide who should get his property and in how much percent. This can be done by a person's 'Will' or 'Vasiyat'. A father in his life, has right to take decision.
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★ More to know :-
• Will - It is a legal note that gives inheritance to the property of someone to someone else by the first person's willness.
• Property - It is the asset owned by a person.
• Hindu Law - These are orthodox laws which are to be followed by people who follow Hinduism.
• Hindu School - This the former governing body of Hindu Laws.
• Property Succession - It is the process in which a person succeeds over the property of someone whom he was belonging to.