Formation and Incident under the coparcenary property under Dayabhaga

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This article is written by Pradumn Nigam of The University of Lucknow, an intern under Legal Vidhiya

LEGAL MAXIM

The Dayabhaga is a legal text that is primarily followed in the eastern parts of India, especially in Bengal. The maxim of coparcenary property under Dayabhaga is an important concept in Hindu law. [1]

According to the Dayabhaga coparcenary property is owned jointly by all coparceners, who are descendants of common ancestors. The maxim of coparcenary property under Dayabhaga states that the ownership of coparcenary property is determined by birth in the family. This means that all male descendants of a common ancestor unto four generations, i.e., great-grandfather, grandfather, father, and son, have an equal share in the coparcenary property. However, under the Dayabhaga system there is no concept of survivorship, which means that if a coparcenary dies, his shares in the coparcenary property do not automatically pass on to the surviving coparceners. Instead, his shares devolve according to his personal law of succession.

KEYWORDS—Coparcenary, Dayabhaga, Inheritance of Property Under Dayabhaga, Ownership, Legal Rights.

INTRODUCTION

The term Dayabhaga comes under Hindu succession law. There are two types of coparcenaries in India- Mitakshara and Dayabhaga. In Mitakshara joint family refers to male members of the family and further extends including son, grand-son, and great-grand-son. The son by birth gets rights in property under Mitakshara. But we here in this research will write about Dayabhaga. In Dayabhaga child gets rights to the property only after the death of the property owner. [2]

BACKGROUND

Mitakshara and Dayabhaga are two rules of law under which property is succeeded by Hindu religious people. Mitakshara and Dayabhaga both come from Vedas and Smritis, which are ancient scriptures of the Hindu religion. Ancient religious culture has a significant role in framing the mindsets of common Hindu people. Hindu succession law in the present constitution is maximally related to old scripture. Some amendments like the Hindu succession amendment Act 2005 include a daughter also a coparcener under both Dayabhaga and Mitakshara. In case of an incident under the coparcenary property under Dayabhaga, the coparcener’s property is divided among the surviving coparceners. If a coparcener dies, his share in the property will be passed on to his legal heirs and not to other coparceners. The legal heirs of a coparcener can include his wife, children, and other close relatives as per the Hindu Succession Act. [3]

There is no concept of a joint family in the Dayabhaga schools as compared to the Mitakshara. There is no coparcenary consisting of father, son, son’s son, son’s son’s son. The existence of a Dayabhaga coparcener comes only after the death of a father, by that the son will inherit the property of him and constitute a coparcenary. [4]

For Example– Suppose in a family consisting of P and their sons B, C, and D, on the death of P, the B, C, and D will consist of a coparcener. On the death of B, his heirs will be coparceners and so on.

But under Dayabhaga school the coparcenary can’t consist only of females, there should be a male in first and followed by female members. So, if a male die leaving behind his widow and two daughters, they will be succussed upon his property but will not be forming a coparcener.

DOCTRINE OF SURVIVORSHIP NOT APPLICABLE

Under the Dayabhaga school, all properties devolve by succession. Therefore, if a coparcener dies, his shares do not pass by survivorship to other coparcener dies but devolve by inheritance to his heirs. The doctrine of survivorship is not recognized under the Dayabhaga school. Unlike the doctrine of survivorship is applicable in Mitakshara School of Law. [5]

CLASSIFICATION OF PROPERTY

Division of property into-:

Joint Family/ Coparcenary Property

Separate/Self-Acquired Property

Every member has absolute rights of alienating his share, may gift it to anybody or by will; He may sell it or mortgage it.

Property can be inherited from any other relations, i.e. paternal, uncle or brother, nephew, etc.

Coparceners also have a right to partition. [6]

TOPIC

Under the Dayabhaga school of Hindu Law, coparcenary property refers to ancestral property that is inherited by descendants through male lineage. In this system, the property is not divided into specific shares but is held jointly by all the male descendants of a common ancestor.

Incidents of coparcenary property refer to the various rights and liabilities associated with this type of property. Some of the important incidents of coparcenary property under Dayabhaga are–:

Right to Partition-: Each coparcener has the right to demand a partition of the coparcener property. This means that they can ask for a division of the property. So that each coparcener gets a specific share. [7]

Right to Survivorship-: In case a coparcener dies, his share in the coparcenary property does not pass on to his heirs. Instead, it devolves upon the surviving coparceners.

Joint Management-: All the coparceners have a right to jointly manage the coparcenary property. They can make decisions related to the property, such as leasing or selling it, as a group.

Income Generated-: The income generated from the coparcenary property is shared equally among all the coparceners.

Liability For Debts-: Each coparcener is liable for the debts incurred by the coparcenary property. However, their liability is limited to their share in the property.

In terms of the formation of coparcenary property, it comes into existence when a common ancestor acquires property, either through purchase or inheritance upon his male descendants, forming a joint family properly. The property continues to be held jointly by the male descendants, with new members being added to the coparcenary as and when a male descendant is born.

Overall, coparcenary property and its incidents play an important role in the Dayabhaga system of Hindu law, and understanding these concepts is essential for anyone dealing with ancestral property in India.

SOME CASES AND THEIR CASE LAWS

Case 1-

Satchidananda Samanta vs Ranjan Kumar Bassu and Others (1992)1 CALLT 463 HC

The Satchidananda Samanta vs Ranjan Kumar Bassu and Others 1992 Calcutta Dayabhaga case was a legal dispute over the ownership of a property in Kolkata, India. The property in question was a building on Park Street in Kolkata, which was originally owned by Satchidananda Samanta.

After Satchidananda Samanta’s death, a dispute arose between his heirs over the ownership of the property. The dispute was eventually taken to court, where it was argued that the property should be divided among the heirs according to the Dayabhaga law, which is a system of inheritance law based on the Hindu religion.

However, the court ruled that the property should be inherited by Satchidananda Samanta’s sons equally, as the property was acquired by Satchidananda Samanta through his own efforts and not through inheritance. The court further stated that the Dayabhaga law could not be applied to the property, as it was not ancestral property.

The judgment in the Satchidananda Samanta vs Ranjan Kumar Bassu and Others 1992 Calcutta Dayabhaga case has had significant implications for property rights in India, particularly in cases where there are disputes over the ownership of inherited property.

Case 2-

Isap Ahmed Mograria and Ors. vs Abhramji Ahmadji Mograria and… (1917) ILR 41 Bom 588

Isap Ahmed Mograria and Ors. vs Abhramji Ahmadji Mograria and Ors. is a landmark case in Indian law that was heard by the Bombay High Court in 1888. The case deals with the application of the Dayabhaga school of Hindu law to inheritance and succession.

In this case, the plaintiffs were the sons and grandsons of one Ahmedji Mograria, who had died leaving behind a considerable amount of property. The defendants were the sons and grandsons of one Abhramji Mograria, who was the brother of Ahmedji. The plaintiffs claimed that they were entitled to a share of the property left behind by Ahmedji, while the defendants claimed that they were the sole heirs under Hindu law.

The central issue in the case was whether the Dayabhaga school of Hindu law applied to the inheritance and succession of the property in question. The Dayabhaga school is followed in Bengal and some other parts of India and differs from the Mitakshara school of Hindu law that is followed in most other parts of India.

The Court held that the Dayabhaga school did apply to the case, as the property in question was situated in a part of India where the Dayabhaga school was followed. Under the Dayabhaga school, the heirs of a deceased person are determined based on their relationship to the deceased and not on their birth in a particular family.

The Court also held that the plaintiffs were entitled to a share of the property left behind by Ahmedji, as they were his sons and grandsons and were thus his heirs under the Dayabhaga school.

The case is significant as it clarified the application of the Dayabhaga School of Hindu law to inheritance and succession and emphasized the importance of determining the law applicable to a particular case based on the geographical location of the property in question.

Case 3-

Ramgopal Ghose vs Dhirendra Nath Sen and Ors… (AIR 1927) Cal 376, 101 Ind Cas 573

Ramgopal Ghose vs Dhirendra Nath Sen and Ors. (1927) was a landmark case heard by the Privy Council of the British Empire in India that had significant implications for the interpretation of inheritance laws in Bengal. The case involved a dispute over the distribution of the estate of a deceased Hindu named Raj Krishna Ghose.

At the heart of the case was the question of whether the Hindu law of inheritance in Bengal followed the Mitakshara or Dayabhaga system. The Mitakshara system followed in other parts of India allowed for the inheritance of ancestral property to be shared equally among male heirs, while the Dayabhaga system followed in Bengal allowed for the inheritance of ancestral property to be passed down to a single male heir.

The case was initially heard by the High Court of Calcutta, which ruled in favor of the plaintiff, Ramgopal Ghose, who claimed to be the sole male heir to Raj Krishna Ghose’s estate under the Dayabhaga system. However, the defendants, who were distant relatives of Raj Krishna Ghose, appealed to the Privy Council.

In its ruling, the Privy Council held that the Dayabhaga system did not recognize the concept of ancestral property and that the property inherited by a son was his separate property. Therefore, the property of Raj Krishna Ghose was not ancestral and could be inherited by a single male heir under the Dayabhaga system.

The decision was significant because it clarified the application of the Dayabhaga system in Bengal and resolved the confusion over the nature of the inherited property. It also had far-reaching consequences for inheritance laws in India and the rights of male heirs to ancestral property.

SOLUTION / SUGGESTION

Solution for Dayabhaga coparcenary problems

The Dayabhaga school of Hindu law recognizes only one form of coparcenary, which is limited to a single generation of male descendants. This means that the property of a male ancestor would be inherited only by his sons, and not by his grandsons or great-grandsons. [8]

To solve Dayabhaga coparcenary problems, you need to follow the rules of inheritance under this school of law. The following steps can guide you in solving these problems:

Determine the male ancestor: Identify the male ancestor whose property is being inherited.

Identify the sons: Determine the number of sons of the male ancestor. In the Dayabhaga school, only sons have a share in the property of their father.

Calculate the share of each son: Divide the property equally among the sons of the male ancestor. Each son is entitled to an equal share of the property.

Distribution of the property: After calculating the share of each son, the property can be distributed among them. If one or more sons are deceased, their share would be divided among their legal heirs.

Calculation of interest: If the distribution of the property is delayed, the sons may be entitled to interest on their share. The interest is calculated at the rate of 6% per annum.

Ensure compliance with legal requirements: Ensure compliance with any legal requirements and procedures for transferring ownership of property.

It is important to note that these rules apply only to the Dayabhaga School of Hindu Law. If a different school of law applies to inheritance, then the rules and procedures may differ. It is recommended to consult with a legal expert for specific advice and guidance. [9]

CONCLUSION

In conclusion, the coparcenary is not recognized under the Dayabhaga system of law. This means that the father has absolute ownership of his property and can dispose of it as he wishes. Upon his death, the property passes to his heirs according to his will or through inheritance. However, incidents can still arise regarding joint family property or the rights of female heirs. In such cases, the relevant laws and regulations would apply to determine the rights and entitlements of the heirs.

Overall, the Dayabhaga system of law differs from the Mitakshara system in its treatment of coparcenary and inheritance. While coparcenary is recognized under the Mitakshara system, it is not recognized under the Dayabhaga system. Therefore, it is essential to understand the differences between these two systems to understand the implications for property ownership and inheritance under Indian law. [10]

REFERENCES

[1] https://www.lawpreneurz.com/courses/family-law-ii

[2] https://lawcorner.in/explain-in-detail-the-character-of-mitakshara-and-dayabhaga-coparcenary-difference-between-them/

[3] https://optimizeias.com/mitakshara-school-vs-dayabhaga-school-of-law/

[4] https://thelawmatics.in/mitakshara-and-dayabhaga-school-of-law/

[5] https://blog.ipleaders.in/historical-perspectives-hindu-law-inheritance/#:~:text=If%20a%20male%20dies%20without,survivorship%20in%20a%20Dayabhagha%20coparcenary.

[6] https://blog.ipleaders.in/classification-property-hindu-law/

[7] https://legalstudymaterial.com/schools-of-hindu-law-mitakshara-and-dayabhaga/

[8] https://www.studocu.com/in/document/bms-college-of-law/ballb/hindu-law-all-the-best/30696887

[9] https://www.vidhikarya.com/FreeLegalAdvice/3156/whether-all-hindu-bengalis-by-birth-are-under-dayabhaga-law

[10] https://aishwaryasandeep.com/2021/09/16/dayabhaga-school-of-law/