# Schools of Hindu Law

Hindu Law recognises two schools that govern the rights of family members in HUF property. The distinction is when rights in family property arise.

## Comparative table

Feature	Dayabhaga School	Mitakshara School
Where prevalent	West Bengal and Assam	Rest of India
Right by birth?	NO — nobody acquires a share by birth	YES — every child born in the family acquires a right by birth
When right arises	Only on death of the father	At birth, irrespective of whether elders are living
Children's status while father lives	No share in property	Already share-holders

## Who are co-parceners in each school?

Dayabhaga: Since children get rights only on father's death, while the father is alive, the father and his brothers would be the co-parceners of the HUF.
Mitakshara: Sons and daughters (post-2005 amendment) become co-parceners by birth.

## Memory hook

Dayabhaga = Death (rights arise on death of father).
Mitakshara = Moment of birth (rights arise at birth).

Worked example

### Example 1

Q. A family in Kolkata follows the Dayabhaga school. Mr. X has two living brothers and three sons. Who are the co-parceners of the HUF?

A. Under Dayabhaga, children do NOT acquire rights while father is alive. Therefore, the co-parceners are Mr. X and his two brothers. His sons will become co-parceners only on Mr. X's death.

### Example 2

Q. Same facts but the family is in Maharashtra (Mitakshara school).

A. Under Mitakshara, every child acquires right by birth. So Mr. X, his three sons (and daughters if any) are all co-parceners along with Mr. X's brothers if they are in the same joint family.

⚠️ Common exam mistakes

Confusing the geography — Dayabhaga is limited to West Bengal and Assam; everywhere else follows Mitakshara.
Saying children get rights by birth under Dayabhaga — they do not.
Forgetting that under Dayabhaga, while the father is living, the co-parceners are the father and his brothers, not his sons.

Reference:

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Schools of Hindu Law — Dayabhaga vs Mitakshara

Worked example

⚠️ Common exam mistakes