What are Mithakshara and Dayabagha Laws?
Mithakshara and Dayabagha are two important schools of Hindu Law. Mithakshara law is followed by whole India except Bengal and Assam which follows Dayabagha Law. Sri Vignaneswara is the profounder of Mithakshara School of thought. He was an aesthetic and has written detailed treatise on Yaghnavalkya smriti which is known as Mithakshara.
Dayabagha is based on the treatise of Jeemoothavahana. There is basic difference between the thoughts of the two schools with regard to succession. Under the Mithakshara Law the inheritance is by survival and succession that one acquires the right to the family property by his birth and not by succession irrespective of the fact that his elders are living. Thus, every child born in the family acquires right or share in the family property. In case of self acquired property, the inheritance is by succession that is on the death of the owner.
In Dayabagha one does not acquire right in the property by birth and as long as the head of the family is living; that is the children do not acquire any right, share in the family property, as long as his father is alive and only on death of the father the children will acquire right share in the property.