A joint family governed by the Dayabhag law differs from the Mitakshara law in the following matters:—
Image Source: i.ytimg.com
(1) Interest by Birth:
Under the Dayabhag law the sons do not acquire an interest by birth whereas in Mitakshara they do acquire such an interest.
(2) Defined Shares:
ADVERTISEMENTS:
Under the Mitakshara all the coparceners hold the property jointly and no one has any defined share whereas under the Dayabhag each heir hold a determined share.
(3) Unity of Ownership:
Under the Mitakshara there is unity of ownership among the coparceners whereas there is no such unity of ownership but on the other hand there is exclusiveness of possession over the joint family property under the Dayabhag law.
(4) Position of Females:
Under the Mitakshara no female can be coparcener whereas under Dayabhag law she could be a coparcener under certain limited conditions.
(5) Father’s Right of Disposition:
Under the Mitakshara the ancestral property cannot be disposed of by the father without the consent of the coparceners, whereas under the Dayabhag such disposition is possible.
(6) Right to Account:
ADVERTISEMENTS:
The members of Dayabhag joint family can ask for an account of the joint family property from the managing members whereas a coparcener under the Mitakshara cannot do so.
(7) Right to Partition:
Under the Dayabhag, the sons do not enjoy any right to demand partition even of ancestral property during the lifetime of the father whereas under the Mitakshara they do have this right.