Dayabhaga coparcenary-formation and incidents Property under Dayabhaga law

Two families each own a large ancestral house. In the first, the eight-year-old grandson is already a co-owner and can ask a court for partition when he grows up. In the second, the father is the owner, the son has no share while the father lives, and only the father’s death turns the sons into co-owners. Both families are Hindu. The difference between them is the difference between the Mitakshara and Dayabhaga schools, and exam questions often turn on spotting which one the facts describe.

In two minutes

Under Dayabhaga law a son does not acquire a right in ancestral property by birth; the father is the absolute owner while he lives, and coparcenary arises on his death, with each coparcener’s share defined from the start and passing by inheritance, not survivorship.

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