Whether all Hindu bengalis by birth are under Dayabhaga Law?
5 years ago
Whether all bengalis (Hindu) from West Bengal by birth are under Dayabhaga law?
Where from and how to confirm whether I am under Dayabhaga or Mitakshara Law?
Whether Dayabhaga law still exist after Hindu Succession Act 1956?
Whether I have no right on Ancestral property (passed on for four generation, undivided) which is presently recorded in RS record in my fathers name?
Deepak Yashwantrao Bade
Responded 5 years ago
Rameshwar Dadhe
Responded 5 years ago
The differences between the Dayabhaga and the Mitakshara schools of law may be categorized under the following:-
1.Joint Family: – According to the Mitakshara law school a joint family refers only to the male member of a family and extends to include his son, grandson and great-grandson. They collectively have co-ownership/Coparcenary in the Joint Family.Thus a son by birth acquires an interest in the ancestral property of the joint family. Under the Dayabhaga law school the son has no automatic ownership right by birth but acquires it on the demise of his father.
2.Coparcenary/Co-ownership:-Under the Mitakshara law school all the members of the Joint family enjoy coparcenary rights during the father’s lifetime. Under Dayabhaga School when the father is alive the sons do not have coparcenary rights but acquire it on the death of the father. In the Mitakshara School the coparcener’s share is not defined and cannot be disposed. In the Dayabhaga the share of each Coparcener is defined and can be disposed.
Partition: – While both the Mitakshara and the Dayabhaga schools hold that the true test of partition is in the intention to separate the manifestation of this intention is different in each of the schools. In the case of the Mitakshara School the intention involves holding the property in defined definite shares while in the Dayabhaga School there has to be a physical separation of the property into specific portions and assigning of separate share to each coparcener.
4.Rights of Woman: – In the Mitakshara system the wife cannot demand partition. She however has the right to a share in any partition affected between her husband and her sons. Under the Dayabhaga this right does not exist for the women because the sons cannot demand partition as the father is the absolute owner.
In both the systems, in any partition among the sons, the mother is entitled to a share equal to that of a son. Similarly when a son dies before partition leaving the mother as his heir, the mother is entitled to a share of her deceased son as well as share in her own right when there is a partition between the remaining sons.
The widow succeeds the father’s property rights on his death, even in cases where he held property jointly with his brother.
Indra G
Replied 5 years ago
That was not the question!!!
Could you pls provide specific answer wrt to the questions?
Rameshwar Dadhe
Replied 5 years ago
You should read all
Anonymous
Replied 5 years ago
Sir,
But your reply did not served my purpose. What I wanted to know were-
1. Whether all bengalis (Hindu) from West Bengal are still governed by Dayabhaga law?
2. Where from and how to confirm whether I am under Dayabhaga or Mitakshara Law?
3. Whether Dayabhaga law still exist after Hindu Succession Act 1956 or has been abolished?
The above were my query. But you have only provided the definition & characteristics of Dayabhaga law.
GANESH SHARMA
Responded 5 years ago
Anonymous
Replied 5 years ago
My questions were very specific. I didn't get my answer.
"Your ancestral tree will confirm which law will apply on you" - Where & how will it be confirmed. What is the specific source for confirmation?
Also whether this dayabhaga law still prevails in 2018?
GANESH SHARMA
Replied 5 years ago
Land record of your ancestors. You will get it from your tehsil
Anonymous
Replied 5 years ago
Law school name is mentioned in land records? Where?
Kavery Anand
Responded 5 years ago
Anonymous
Replied 5 years ago
You mean dayabhaga law is not applicable in present day? Whether Dayabhaga law has been scrapped? Can you pls let me know the law/act vide which it has been scrapped.
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