In which state Dayabhaga school of Hindu law is applicable?


In which of the following states the Dayabhaga school of the Hindu law is applicable?

The Dayabhaga Law applies to the jcommunities like Bengalis and Assamese living in the States of Bengal and Assam and other parts of the world. According to this law, the son doesn’t acquire any right by birth in the ancestral property.

In which part of the country does Dayabhaga prevail as per the principle of Hindu law with regards to Hindu undivided family HUF )?

The exclussion has been because the term “Hindu undivided family” has already been defined in the Hindu law and the legislature wanted the meaning of the “Hindu undivided family” remain the same as that of the Hindu Law. There are two schools of Hindu Law. They are: Dayabhaga School in West Bengal.

What is the Dayabhaga school of Hindu law?

The Dāyabhāga is a Hindu law treatise written by Jīmūtavāhana which primarily focuses on inheritance procedure. … The Dāyabhāga does not give the sons a right to their father’s ancestral property until after his death, unlike Mitākṣarā, which gives the sons the right to ancestral property upon their birth.

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Where is Mitakshara applicable?

A Hindu Undivided Family (joint family) is governed by the two schools of Hindu Law viz; Mitakshara and Dayabhaga. (The Dayabhaga school is prevalent mainly in West Bengal and Assam whereas the Mitakshara school is prevalent in most of the other parts of India.)

Why Dayabhaga is especially followed in West Bengal?

‘ The Dayabhaga Law of Bengal even protected the interests of widows. Under the Mitakshara system, the widow is entitled to inherit her deceased husband’s property only when he dies leaving behind no male heir and he dies separated from his brothers.

What is not Recognised under the Dayabhaga school?

While in Dayabhaga school the right to ancestral property is only given after the death of the last owner. It does not recognise the birth right of any individual over an ancestral property.

Is married daughter a Coparcener?

Married daughter’s right to property under Hindu Succession Amendment Act 2005. After marriage, a daughter will cease to be a member of her parental HUF, but will continue to be a coparcener.

In which of the following states the Mitakashara system of Hindu law is applicable?

Five states in India viz. Kerala, Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka passed legislation to remove the discriminatory features of the right by birth under the Mitakshara law. … The States of Tamil Nadu (1989), Maharashtra (1994) and Karnataka (1994) followed the Andhra model.

What is the difference between Mitakshara and Dayabhaga system?

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

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Why Dayabhaga school is called a reformist school?

This school of thought was prominent in Assam and West Bengal. It made an attempt to remove the ambiguities or the inconsistencies that existed in the previous school of law. So, while the Mitakshara school of law can be called a traditional school, the Dayabhaga school can be called a reformist school.

Who was the founder of Dayabhaga?

A Dayabhaga is a legal treatise dealing with various aspects of hindu law. It was written by Jimutavahana and Ilemadri, and has much influenced the Hindu civil code of modern India. ‘The provisions relating to property rights are followed in West Bengal arid Assam.