The Dayabhaga School

Historical Background

The Dayabhaga school is based on the Dayabhaga, a treatise written by the scholar Jimutvahana in the 12th century. Unlike the Mitakshara, which is a commentary on the Yajnavalkya Smriti, the Dayabhaga is an independent legal text. It represents a distinct approach to Hindu law, particularly concerning inheritance and property rights.

The Dayabhaga school is prevalent primarily in the eastern parts of India, including Bengal and Assam. It emerged in response to the perceived rigidity and limitations of the Mitakshara school, offering alternative interpretations that emphasize individual property rights and the importance of testamentary succession.

Core Principles and Interpretations

1. Individual Ownership of Property :

The Dayabhaga school fundamentally differs from the Mitakshara in its treatment of property rights. It does not recognize the concept of coparcenary or joint family property in the same manner. Instead, it emphasizes individual ownership, asserting that property is held by individuals rather than by the family as a collective unit.

2. Inheritance and Succession :

Inheritance under the Dayabhaga school is governed by the principle of inheritance by succession, rather than by survivorship. This means that upon the death of a person, his property devolves according to a system of legal heirs rather than automatically passing to other members of a joint family. The Dayabhaga school allows for testamentary succession, where individuals can bequeath their property according to their wishes through a will.

3. Partition and Property Rights :

The Dayabhaga school does not recognize the right by birth in property, as seen in the Mitakshara school. Instead, a son acquires an interest in the property only upon the death of the father. Consequently, the concept of partition in the Dayabhaga system is different, as there is no presumption of joint ownership from birth.

4. Alienation of Property :

Since property ownership is vested in individuals, the Dayabhaga school provides greater freedom in the alienation of property. The head of the family, or any property holder, can dispose of his property according to his discretion, including through sale, gift, or will.