Dayabhaga School:

Dayabhaga school predominantly prevailed in Assam and West Bengal. This is also one of
the most important schools of Hindu laws. It is considered to be a digest for the leading
smritis. Its primary focus was to deal with partition, inheritance and joint family. According
to Kane, it was incorporated in between 1090-1130 A.D.

Dayabhaga school was formulated with a view to eradicating all the other absurd and
artificial principles of inheritance. The immediate benefit of this new digest is that it tends to
remove all the shortcomings and limitations of the previously established principles and
inclusion of many cognates in the list of heirs, which was restricted by the Mitakshara school.

In Dayabhaga school, various other commentaries were followed such as:

Dayatatya

Dayakram-sangrah

Virmitrodaya

Dattaka Chandrika

Difference between 1.Mitakshara2. Dayabhaga Schools of Hindu Law:

Mitakshara and Dayabhaga differ at certain positions. Important Differences are as follows:

On the basis of Succession:

Under the Mitakshara school, inheritance is governed by the rule of consanguinity, i.e., blood
relationship, whereas under the Dayabhaga school inheritance is governed by the rule of
spiritual efficacy.

Under the Mitakshara, cognates are postponed to agnates but under the Dayabhaga some
cognates like sister`s sons are preferred over several agnates.

This means that if the Hindu dies leaving his son and a daughter, the daughter will be
excluded from the inheritance, and the son will get all the property. Likewise, if the Hindu
dies leaving his son’s son and daughter’s son, the son’s son will get the succession.

Under the modern Hindu Law, the difference between two main schools is no longer reliable.
Under the Hindu Succession Act, 1956, there is one uniform law of succession for all Hindus.
On the basis of Rights of Woman:

In the Mitakshara system the wife cannot demand partition. She, however, has the right to a
share in any partition effected 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.

Conclusion:
The Mitakshara system is Conservative. It provides good security in times of difficulties as a
member can rely on the joint family. However, sometimes a member can become a parasite.
The Dayabhaga system is more liberal.

Among the two the Dayabhaga is more likely to last in modern times with the growth of
individualism, individual enterprise and economic compulsions.