dayabhaga
Dayabhaga is one of the two main schools of Hindu law, the other being Mitakshara. It takes its name from Jimutavahana's work (about the twelfth century). Its key features are: a son acquires no interest in ancestral property by birth; the father has full power of disposal during his life; coparceners hold definite shares and succession, not survivorship, applies; and heirs are ranked by religious (spiritual) efficacy, that is, the capacity to offer pinda.
The Hindu Succession Act, 1956 now governs intestate succession for both schools, but the distinction still matters for joint family property. The 2005 amendment to s.6, making daughters coparceners by birth, concerns the Mitakshara coparcenary.
Example
Under Dayabhaga, the sons could not demand partition in the father's lifetime because they acquired no interest by birth.
In Indian law
- Section 6, Hindu Succession Act, 1956 (as amended in 2005): Mitakshara coparcenary
See also
Read more in the study notes
- Schools of Hindu law: Mitakshara and Dayabhaga (Family Law I - Hindu Law)
- Dharma and the sources of Hindu law (Family Law I - Hindu Law)
- Joint Hindu family and coparcenary (Family Law I - Hindu Law)
- Joint family property and separate property (Family Law I - Hindu Law)
- Partition and reunion (Family Law I - Hindu Law)
- Succession to a Hindu male dying intestate (Family Law I - Hindu Law)