Tag Archives | Essay on Mitakshara Law

Similarities between the Concept of Coparcenary Property under ‘Dayabhag’ and ‘Mitakshara’ Law

The followings are the points of similarity between the Mitakshara and the Dayabhag concept of coparcenary:— (1) The concept of ancestral property is common in both the systems. According to the both systems it consists of property inherited from father, grandfather or great grandfather.

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Differences between the Concept of Coparcenary Property under ‘Dayabhag’ and ‘Mitakshara’ Law

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Get Complete Information on “Mitakshara Law of Inheritance”

General Principles: There are two systems of inheritance amongst the Hindus in India, namely, the Mitakshara system and the Dayabhag system. The Mitakshara system prevails in whole of India except in Bengal and its adjoining parts.

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Devolution of Property under the Mitakshara System of Inheritance

Mitakshara recognised two modes of devolution of property, namely, (a) devolution by survivorship, and (b) devolution by succession. In determining the modes in which the property of a male Hindu devolved on his death the foremost consideration was as to whether the property of the deceased male Hindu was at the time of his death […]

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What are the Characteristic Features of Mitakshara Coparcenary?

Characteristic features of Mitakshara Coparcenary are as follows: In State Bank of India v. Ghamandi Ram, the Supreme Court observed: “A coparcenary under the Mitakshara School is a creation of law and cannot arise by act of parties except in so far that on adoption the adopted son becomes a coparcener with his adoptive father […]

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