What is Mitakshara Law
The Mitakshara Law is one of the most common systems of Hindu property law followed in almost all parts of India except Bengal and Assam. The word Mitakshara comes from Sanskrit and means a short commentary. The Mitakshara School of Hindu Law was written by the scholar Vijnaneshwara, who explained how family property should be shared among members. Under the Mitakshara system, property is owned by the whole family together. This type of shared ownership is called joint family property or coparcenary property.
What is Mitakshara Joint Family and Mitakshara Coparcenary
In a Mitakshara joint family, every male member up to four generations, the father, son, grandson, and great grandson has a right to the family property from birth. This is known as Mitakshara coparcenary. For example, if a baby boy is born into a family that owns land or a house, he automatically becomes a co owner of that property. No one can sell or divide it without everyone’s agreement. When one member of the family dies, their share goes automatically to the other family members. This is called devolution of interest in Mitakshara coparcenary.
What is Dayabhaga Law
The Dayabhaga Law is another important system of Hindu property law. It is mainly followed in Bengal and Assam. This system was explained by the scholar Jimutavahana. Under the Dayabhaga School of Hindu Law, the father has full control over his property during his lifetime. The son does not get a right in the property from birth. Instead, he gets his share only after the death of his father. The Dayabhaga system gives more importance to personal ownership than to joint family ownership.
Difference Between Mitakshara and Dayabhaga
The difference between Mitakshara and Dayabhaga is, the Mitakshara system, a son gets a share in the family property from birth, but in the Dayabhaga system, a son gets his share only after his father’s death. In Mitakshara, the property belongs to the entire joint family, while in Dayabhaga, it belongs to the individual until he passes away. Mitakshara is followed in most parts of India, while Dayabhaga is mainly followed in Bengal and Assam.
Types of Property Under Mitakshara Law
According to the Mitakshara School of Hindu Law, there are two kinds of property. The first is ancestral property, which comes from the family and is passed down through generations. The second is self acquired property, which is earned or bought by a person themselves. Only ancestral property is treated as Mitakshara coparcenary property, as it belongs to the family as a whole.
Mitakshara Meaning in Hindi
What is Mitakshara and Dayabhaga School of Hindu Law
Both Mitakshara and Dayabhaga are known as the two main schools of Hindu law. They tell us how property should be shared among family members. While Mitakshara focuses on joint ownership and family unity, Dayabhaga focuses on personal control and freedom.
Conclusion
In short, the Mitakshara and Dayabhaga property systems are two important ways that Hindu families have managed property for centuries. The Mitakshara system believes in sharing and unity, while the Dayabhaga system believes in independence and individual rights. Both systems form the foundation of Hindu family property laws in India. Understanding them helps us see how tradition, fairness, and family values come together in Hindu law.
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