Q. The Mitakshara Laws and Dayabhaga Laws depict the core laws that govern the rules of coparcenership in Hindu Undivided Families (HUF). In this context, consider the following statements:
- Mitakshara Law is prevalent in all over India; Dayabhaga is prevalent in Bengal and Assam
- Mitakshara Law is primarily based upon birth of a son, while Dayabhaga Law is primary based upon death of a father
Which among the above statements is/ are correct?
Answer:
Both 1 & 2
Notes: Both statements are correct regarding Mitakshara and Dayabhaga laws that govern coparcenary rights in Hindu Undivided Families:
- Mitakshara law is prevalent in most parts of India except West Bengal and Assam.
- Mitakshara law grants coparcenary rights to sons from birth. Dayabhaga law grants coparcenary rights to sons only after the death of the father.
So both statement 1 and statement 2 are correct comparisons between Mitakshara law which is birth-based coparcenary, and Dayabhaga law which is death-based coparcenary.