Difference between Mitakshara and Daya­bhaga School regarding the Daya and Partition of Property

According to Vijnaneswara:

[By Daya (Heritage) is meant that property which comes under the ownership of another by reason of the latter’s relationship to the owner. It is of two kinds: unobstructed and obstructed].

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

So according to the Mitakshara of Vijnaneswara in unobstructed Daya the fact of the owner being alive is no obstruction to some relations obtaining immediately an interest in the property. These relations by their very birth acquire such interest. That is why this doctrine is known as (Janmaneva Svatva Vada- Doctrine of Right by birth).

It follows from this that according to Dayabhaga there is no question of Vibhaga or partition during the life-time of the owner for till his death no one else can have any interest in the property. According to the Mitakshara since certain relations have a right by birth there can be a partition even during the owner’s life-time.

Secondly under the Dayabhaga the share of each coparcener is definite and does not fluctuate while under the Mitskshara since there is right by birth the fluctuating share changing with the birth and death of coparceners. Thirdly under the Dayabhaga partition can only take the form dividing the property by meets and bounds.

Under the Mitakshara there can be a mere division in status by which the share becomes fixed and not liable to future fluctuation even though this is not immediately followed up by a physical division of the assets of the joint family.