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Dayabhaga


The Dāyabhāga is a Hindu law treatise written by Jīmūtavāhana which primarily focuses on inheritance procedure. The Dāyabhāga was the strongest authority in Modern British Indian courts in the Bengal region of India, although this has changed due to the passage of the Hindu Succession Act of 1956 and subsequent revisions to the act. Based on Jīmūtavāhana's criticisms of the Mitākṣarā, it is thought that his work is precluded by the Mitākṣarā. This has led many scholars to conclude that the Mitākṣarā represents the orthodox doctrine of Hindu law, while the Dāyabhāga represents the reformed version.

The central difference between the texts is based upon when one becomes the owner of property. The Dāyabhāga does not give the sons a right to their father's ancestral property until after his death, unlike Mitākṣarā, which gives the sons the right to ancestral property upon their birth. The digest has been commented on more than a dozen times.

Colebrooke created the division of two schools of thought in India, separating the majority of India, thought to follow the Mitākṣarā and the Bengal region, which followed the Dāyabhāga system.

The other surviving parts include:

Raghunandana (c. 16th century) was the author of the Dāya-Tattva. Dayabhaga tika (or Dayabhaga vyakhya), a commentary on Dayabhaga, is also attributed to him.

Whether this commentary was actually done by Raghunandana, or another scholar using his name, is a topic of debate. Henry Thomas Colebrooke (1810) and Julius Eggeling (1891) suspected that it was not authored by him. Monmohan Chakravarti (1915), Rajendra Chandra Hazra (1950) and Pandurang Vaman Kane (1972), on the other hand, ascribed the work to Raghunandana.


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