Whether Dayabhaga law still exist or has been abolished?
5 years ago
Whether Dayabhaga law for Bengali (Hindu) of west Bengal still exist or has been abolished?
ARPIT BATRA
Responded 5 years ago
A.Yes, it exists.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client dayabhaga laws still exist for hindu because of hindu succession Act
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A.I think you are aware that Mitakshara School is applicable to whole of India except Bengal and Assam where the Dayabhaga school is applicable.
I am not going to go into the differences of these two schools but would like to communicate to you that the answer to your question is not that easy to obtain and hence you should sit with a lawyer who has expertise on property and succession matters. That expert lawyer will be able to guide you in exact sense.
Having said that I will help you to some extent by giving you some relevant information and understanding.
Although both the schools are of great importance to us from understanding point of view on how the Hindu laws especially the law of succession has evolved and they were and are referred to many a times for resolving the inheritance issues but the these two schools have kind of become defunct after the advent of Hindu Succession Act, 1956. The reason for that is under the modern Hindu laws this difference among the two schools of thought has become no longer tenable. All Hindus governed under the Hindu Succession Act, 1956 have one uniform law of succession regardless of what school they belong to.
I am not going to go into the differences of these two schools but would like to communicate to you that the answer to your question is not that easy to obtain and hence you should sit with a lawyer who has expertise on property and succession matters. That expert lawyer will be able to guide you in exact sense.
Having said that I will help you to some extent by giving you some relevant information and understanding.
Although both the schools are of great importance to us from understanding point of view on how the Hindu laws especially the law of succession has evolved and they were and are referred to many a times for resolving the inheritance issues but the these two schools have kind of become defunct after the advent of Hindu Succession Act, 1956. The reason for that is under the modern Hindu laws this difference among the two schools of thought has become no longer tenable. All Hindus governed under the Hindu Succession Act, 1956 have one uniform law of succession regardless of what school they belong to.
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Anonymous
Replied 5 years ago
Sir
Thanks for the answer.
So being a Hindu Bengali from West Bengal can one claim his share from his father (alive) in their ancestral property?
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