Hindu Jurisprudence: Mitakshara vs. Dayabhaga Schools
Exam Snapshot
Mitakshara and Dayabhaga are the two primary schools of classical Hindu law. MCQs frequently test their differences in property rights and inheritance.
Core Concept
These schools interpreted Smriti texts differently, affecting family and property law.
- Mitakshara School: Vijnaneshwara's commentary. Foundation: Birthright (Janmaswatva) in ancestral property.
- Dayabhaga School: Jimutavahana's digest. Foundation: Death of father (Uparamaswatva). No birthright.
Nepal Law Anchors
- Historically, Nepal followed Mitakshara principles. Modern law (Muluki Civil Code 2074) has reformed these, ensuring gender equality and individual ownership, moving away from classical coparcenary concepts.
Confusable Terms
| Feature | Mitakshara | Dayabhaga |
|---|---|---|
| Birthright | Yes (At birth) | No (Father's death) |
| Partition | Can demand anytime | No demand during father's life |
| Ownership | Coparcenary (Joint) | Absolute (Father) |
MCQ Traps
- Attributing birthright to Dayabhaga. Always remember: Mitakshara = Birthright.
- Confusing Vijnaneshwara (Mitakshara) with Jimutavahana (Dayabhaga).
Example
Question: Under which school does a son gain property rights only upon the father's death?
Answer: Dayabhaga.
Memory Hook
- Mitakshara = My birthright.
- Dayabhaga = Death of father.
Quick Revision
- Mitakshara: Birthright, coparcenary.
- Dayabhaga: No birthright, absolute ownership.
- Nepal: Historically Mitakshara, now codified/reformed.