# Schools of Hindu Law

There are two principal schools that govern HUF property rights.

## Dayabhaga School

Prevalent in: West Bengal and Assam.
Right by birth: NO.
Nobody acquires a right or share in the property by birth as long as the head of the family (father) is living.
Children acquire rights only on the death of the father.
Hence, the father and his brothers would be the coparceners of the HUF.

## Mitakshara School

Prevalent in: Rest of India.
Right by birth: YES.
One acquires the right to family property by birth — not by succession — even if elders are living.
Every child born in the family acquires a right/share in the family property.

## Quick Comparison

Particular	Dayabhaga	Mitakshara
Region	West Bengal, Assam	Rest of India
Right by birth	No	Yes
Right arises on	Death of father	Birth
Coparceners during father's life	Father + brothers	Father + children

Worked example

### Example 1

Example: A family in West Bengal — father F has two sons S1, S2. Under Dayabhaga, S1 and S2 do NOT have right in property during F's lifetime; only F and his brothers are coparceners.

### Example 2

Example: A family in Maharashtra — father F has a newborn son S. Under Mitakshara, S acquires a right in HUF property by birth.

⚠️ Common exam mistakes

Confusing the two schools — Dayabhaga = death-based, Mitakshara = birth-based.
Treating all of India as Mitakshara — West Bengal and Assam follow Dayabhaga.
Saying coparcenary under Dayabhaga arises by birth — it does NOT.

Reference:

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Schools of Hindu Law — Dayabhaga vs Mitakshara

Worked example

⚠️ Common exam mistakes