Similarities between the Concept of Coparcenary Property under ‘Dayabhag’ and ‘Mitakshara’ Law

The followings are the points of similarity between the Mitakshara and the Dayabhag concept of coparcenary:—

(1) The concept of ancestral property is common in both the systems. According to the both systems it consists of property inherited from father, grandfather or great grandfather.

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(2) A coparcenary does not start with females though in Dayabhag system, a female can become a coparcener.

(3) The powers of Karta in a joint family are common both in the Mitakshara and Dayabhag laws.

(4) Every adult coparcener can claim partition of the coparcenary property.

(5) All such presumptions which are applied with respect to joint family and joint family property in the Mitakshara system are applied with respect to them in Dayabhag system also.


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