Devolution of property
(1) When a Hindu governed by the Dayabhaga School of Hindu Law dies intestate leaving any property, and when a Hindu governed ... Hindu governed by any school of Hindu law other than the Dayabhaga School or by customary law dies having at the time of his death
Jenkins, C.J.
17. See Dayabhaga, Ch. XI. Is there not a third doctrine,---the doctrine of Narada?
18. This is a Mitakshara case.
Jenkins ... family. Kindred of husband mean others than next reversioners: see Dayabhaga, Ch. XI, v. 56 and 62; Strange, vol. II, p. 409 at 410; Kalee
gift is to take effect, rests on the principle expressed in Dayabhaga, Chapter 1, ver. 21, by the phrase "relinquishment in favour ... donee who is a sentient person."
14. This passage in the Dayabhaga is used to illustrate the proposition that the "right
expressly ordained, because the wealth devolving upon sons benefits the deceased (Dayabhaga, Chap. XI, Sec. I, v. 38), and the right of succession of other ... delivers his father from the hell called put, is, according to the Dayabhaga, excluded for certain causes from inheritance in the same manner as other
appellant on the ground that the succession is governed by the Dayabhaga law, which would give it to her; and (2) four mouzahs bought ... claim to the ancestral estates is that the Mitakshara and not the Dayabhaga law rules, and under the Mitakshara law he is the undoubted heir
that it is as applicable to Hindu families under the Dayabhaga system, as to those under the Mitakshara system. Under the Mitakshara system there ... does, take place, years after the division in interest. But under the Dayabhaga system the members of the joint family are divided in interest; they
among Hindus's Mitakshara joint family differs in some respects from Dayabhaga joint family. In the former the principle of survivorship applies whereas, under ... Mahomedan family be compared to a Hindu family under the Dayabhaga law, for under the latter as soon as the father dies, his property becomes
proposition that leasehold interests were unknown at the time when the Dayabhaga was written. In the second place, we are not prepared to hold that ... opinion that it possesses the characteristics of stridhan--according to the Dayabhaga in Chap. IV, Section 2, paras. 18 and 19 of which
cardinal distinction between the two schools of Hindu Law governed by the Dayabhaga and the Dayakrahma Sangraha on the one hand and the Mitakshara ... daughter to inherit upon consanguinity alone and not, as in the Dayabhaga, on the expectation of religious offerings from her son and neither the sonless
Wealth Tax Act ,s. 3-Coparceners governed by Dayabhaga
School of Hindu Law-If could be assessed as Hindu Undivided
Family.
Hindu Law-Coparcener under ... Dayabhaga School-If could be
assessed as Hindu Undivided Family.
HEADNOTE:
Rejecting the respondents' plea that as persons
governed by the Dayabhaga School
