Dayabhaga

Dayabhaga

A Dayabhaga is a legal treatise dealing with various aspects of Hindu law. It was written by Jimutavahana and Hemadri, and has much influenced the Hindu civil code of modern India. The provisions relating to property rights are followed in West Bengal and Assam. Unlike the Mitakshara system, ancestral property of the Hindu joint family can be partitioned among offspring generally after the father's death, but in special circumstances (eg. father renouncing the world or deviating from Dharma) the son has a right before the father's death.

Right to Stridhan is an absolute right, the wife having the right to sell, mortgage or use without even the husband's consent. Right of unmarried sons and daughters over the Stridhan is recognised.

The owner has absolute right of disposing property at will.

Ownership is determined according to Shastras


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