There are two main school of Hindu Law - Dayabhaga and  Mitakshara

Difference between Dayabhaga Coparcenary and Mitakshara Coparcenary



No

Mitakshara Coparcenary

Dayabhaga Coparcenary


1

As to how the Coparcenary arises - The Mitakshara Coparcenary arises during the lifetime of the father itself and his sons have right birth.



As to how the Coparcenary arises -Under the Dayabhaga school of Hindu law there is no right by birth. So during the father's lifetime between the father and the sons, there is no Coparcenary. When the father dies, his sons constitute a Coparcenary.


2

Nature of interest of coparceners - In the Mitakshara births and deaths of coparceners. It passes by survivorship. So the power of alienation either does not exist or is recognized only to a limited extent (as in Bombay and Madras).

Nature of interest of coparceners - In the Dayabhaga school of Hindu law, each coparcener has a defined interest. It can be alienated. It does not pass by survivorship.





3


Expansion of Coparcenary - Under the Mitakshara system only males can be coparceners. On the birth of a son to a coparcener, the son also becomes a coparcener under the Mitakshara system.


Expansion of Coparcenary - Under the Dayabhaga system, on the death of one coparcener his heirs become coparceners. So even females may in this way become coparceners.

4

Alienee's right to ask for partition - Under Mitakshara since there is no defined share, a suit for partition is the only appropriate remedy of the alienee.



Alienee's right to ask for partition - Under the Dayabhaga law, the alienee can ask for joint possession along with the coparceners. This is because he has a defined share.


5

Persons entitled to partition - Under the Mitakshara as administered today the son can institute a suit for partition even against their father.

Persons entitled to partition - The Dayabhaga law does not confer on the son a right by birth and so he has no right of partition as against the father.



                The powers of the manager are the same under both systems. But under the Dayabhaga the coparceners can call upon the manager to account while Under the Mitakshara the manager is not liable to account for past management. In the absence of fraud, under the Mitakshara the liability of the manager is only to account for the assets existing at the date of the partition.

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