The following are the features:
1. How long has the Coparcenary arise:
DAYABHAGA - no right by birth as on Coparcenary.After the death of Father, his sons constitute a Coparcenary.
MITAKSHARA- Right by birth.
2. Nature of interest:
DAYABHAGA- there is a defined interest. it does not pass by survivorship.
MITAKSHARA- Coparcener share is not defined.it fluctuate by birth and death of coparcener.
3. Expansion of Coparcenary:
DAYABHAGA- On the death of one of his heirs becomes coparceners.
MITAKSHARA- only males can be coparceners.
4. Alienee's right to ask for partition:
DAYABHAGA- any equity is held for an Alienee for a suit of partition. Can ask for a joint possession with coparcener.
MITAKSHARA- there is no definite share for an Alienee, but he may file a suit for the partition. hence suit is the only appropriate remedy.
5. Persons entitled to partition:
DAYABHAGA- The law does not confer on SON a right of birth hence he has no right for partition against the Father.
MITAKSHARA- SONS can institute a suit of partition even against the Father.
DAYABHAGA - no right by birth as on Coparcenary.After the death of Father, his sons constitute a Coparcenary.
MITAKSHARA- Right by birth.
2. Nature of interest:
DAYABHAGA- there is a defined interest. it does not pass by survivorship.
MITAKSHARA- Coparcener share is not defined.it fluctuate by birth and death of coparcener.
3. Expansion of Coparcenary:
DAYABHAGA- On the death of one of his heirs becomes coparceners.
MITAKSHARA- only males can be coparceners.
4. Alienee's right to ask for partition:
DAYABHAGA- any equity is held for an Alienee for a suit of partition. Can ask for a joint possession with coparcener.
MITAKSHARA- there is no definite share for an Alienee, but he may file a suit for the partition. hence suit is the only appropriate remedy.
5. Persons entitled to partition:
DAYABHAGA- The law does not confer on SON a right of birth hence he has no right for partition against the Father.
MITAKSHARA- SONS can institute a suit of partition even against the Father.
thanks for the posting ...
ReplyDeleteAfter 2005, as per Section 6(1) of Hindu Succession ( Amendment ) Act, 2005 a female child will have equal right as that of a son. She will have interest by birth along with liabilities, The concept of Co- parcenor has extended to daughter too.
ReplyDeletei agree with your point, but the post above explains only the difference between the two types of school i.e. mitakshra and dayabhaga.
Deletewhen these schools were there, at that time these rules came into force.
afterwards there were amendments made to the above as you stated.