The Hindi School of Law, which is older than most in India, provides a top-notch legal education that’s perfect for students looking to work in the legal field. The Hindu laws were created by the Indians to serve as the Indian society’s guide both for the development of social order and for achieving salvation. In a technical sense, Hindu laws were developed for the benefit of the entire society.
There are several different schools of Hindu law. Among the 5 major schools of Hinduism, Mitaksara and Dayabhaga are the 2 biggest ones. Mitakshara and Dayabhaga, which are regulations governing family inheritance, are two of the most important ethical law standards for Hindus.
Dayabhaga Vs. Mitakshara of Hindu Laws
The key distinction between Mitakshara and Dayabhaga lies in their fundamental concepts. The Dayabhaga has a controversial provision that prevents people from owning property until their ancestors have passed away. Mitakshara, on the other hand, grants everyone the entitlement to property at birth.
The Dayabhaga is a Hindu law term that refers to the giving of inheritance to children. Many countries following this concept have laws that prohibit kids from having any rights until their fathers die. In the Mitakshara School of Hindu law, children inherit everything the moment they are born.
The Dayabhaga law of inheritance is depending on the concept of spiritual interest. It was created with the goal of eradicating the ludicrous practices around property inheritance. Dayabhaga is a prominent Hindu concept that is predominantly practiced in West Bengal, Jharkhand, Assam, and Odisha.
Dayabhaga is thought to have been authored around the tenth or eleventh centuries AD. In legal terminology, Dayabhaga is a treaty that deals with several parts of Hindu law, most notably inheritance. Dayabhaga divided his property among his successors in a specified manner.
Dayabhaga is a practice under which the son inherits their father’s property after his death. This arrangement, which was enacted in 1855, awarded sons ownership of their father’s assets. Only a few cases exist where one or the other has a right to the property prior to their parent’s death.
Dayabhagagi makes it easier for women who are divorced or widowed to gain control over their husband’s assets. They also don’t require a spouse’s consent, just a signed heir agreement form.
Hindu Law generally offers you the freedom to choose how you want to live your life. Hindu law actually supports individualism, in contrast with other systems which prioritize community or communal rights.
One of the most widely-used schools of Hindu law, Mitakshara describes that after a child is born they automatically inherit all assets if there is no will. It was often used in ancient Hindu culture to determine succession rights and recognize property inheritance. All States in India practice the Mitakshara school of Hinduism, with the exception of West Bengal and Assam.
Indian texts known as Mitakshara were written in the 10th – 12th centuries CE. Since Mitakshara is one of the most important Hindu texts, it has chapters on property rights and inheritance.
Mitakshara, the ancient Indian law code, does not consider women to be important as Independent entities in the Indian family at all. The property is completely under the hands of the family’s men. When it comes to actual ownership, Mitakshara does not provide for individual property ownership. It only stipulates that each family member must receive a percentage of the property that is being assigned.
While the Mitakshara doctrine denies females any rights, women have a legal entitlement to their sons’ property. The mothers are entitled to the sons’ property. Widows have the entitlement to keep their husband’s property in good repair, but they don’t have any inheritance rights.
Difference Between Dayabhaga and Mitakshara of Hindu Laws
- Dayabhaga takes into account both male & female members and Mitakshara only concerns itself with a subset, the males.
- One school of law gives the entitlement to assets in the event of one’s birth, whereas another doesn’t.
- The Mitakshara school of thought doesn’t take into account property’s physical separation when determining heirship
- Dayabhaga schools are more lenient when it comes to the rights of females while Mitakshara schools have no such rights.
- Dayabhaga module grants the ability to claim different identities without facing persecution or dishonor according to Vedic scriptures. It is emphasized that bodily marks and characteristics should not be used as the basis of one’s social standing. The Mitakshara system does not give one the same rights & freedoms, placing a strong emphasis on traits like skin color and other physical features
- Dayabhaga school is much more flexible and interpretive in its approach than Mitakshara school.
Hindu culture has been around for centuries, and the laws in question were formed with the betterment of people in mind. Both of these rules have evolved over time and provide genuine, current interpretations of what we call Hindu law. They are continually changing as a result of many acts.