HINDU LAW PROJECT

VINEET SAHA

HERITAGE LAW COLLEGE

ROLL NO. -160 74

UNIVERSITY OF CALCUTTA

RIGHT OF SUCCESSION OF HINDU WOMAN UNDER DAYABHAGA LAW

SUCCESSION The Hindu Succession Act, 1956 is an Act of the Parliament

of India enacted to amend and codify the law relating to intestate or unwilled succession and testamentary succession, among Hindus, Buddhists, Jains, and Sikhs. 

The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended in 2005 by the Hindu Succession (Amendment) Act, 2005.

SUCCESSION OF PROPERTY OF A HINDU FEMALE

Stridhana

Woman’s Estate

DAYABHAGA SCHOOL OF HINDU LAW

Dayabhaga School owes its origin to Jimutavahana’s digest on leading Smritis by the name of “Dayabhaga”.The Dayabhaga school prevails only in Bengal and Assam.It deals only with partition and inheritance.

Dayabhaga school bases its law of succession on the principle of religious efficacy’ or spiritual benefit that the one who confers more religious benefit on the deceased is entitled to inheritance in preference to the other who confers less benefit. The confinement of religious benefit is based on doctrine of offerings and pindadana.

DISTRIBUTION OF PROPERTY UNDER DAYABHAGA SCHOOL No right of son or daughter by birth in family

property. Father masters of all property – self generated or

inherited. No survivorship. Copercenary – comes into existence on father’s

death between heirs. Interest (ownership) in this copercenary created

does not fluctuate with birth, but is fixed. Under Dayabhaga School a female can be a

coparcenar depending upon the circumstances.

DISTRIBUTION OF PROPERTY UNDER DAYABHAGA SCHOOL

Succession is per-stripe equal between coparcenors . Inheritance is sole ownership no furthur coparcenary created.Here coparcenary cannot start with females.

Father has unlimited power of alienation under joint family property.

Karta has limited power of alienation. Joint family system still runs by this school.

No unified code exists.

COPARCENARY

SHARE OF PROPERTY Thus in the diagram we can see,On the death of A his

sons B, C, D constitutes a coparcenary. If B dies leaving behind a widow BW , and C dies leaving behind a daughter CD, then the coparcenary will constitute of BW ,CD & D.

But in Dayabhaga coparcenary cannot be a coparcenary consisting exclusively of females.Similarly if D dies leaving a daughter DD then there can’t ne a coparcenary. As under dayabhaga coparcenary cannot start with females.Thus if a male dies leaving behind two widows or two daughters they will succed to property but they cant be coparcenars.

CONCLUSION Thus I would say that unlike Mitakshara school ,

the Dayabhaga school is considered to be enlighted and progressive.

In this school of law the females can inherit property on their own.

Karta plays a vital role here, which is a drawback because he can alienate the property on his own wish without consultation.

Still there are many drawbacks in case of a female being a copercenar . As in this case males are preferred over females

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