1.
HINDU LAW PROJECT
VINEET SAHA
HERITAGE LAW COLLEGE
ROLL NO. -160 74
UNIVERSITY OF CALCUTTA

2.
RIGHT OF SUCCESSION OF HINDU
WOMAN UNDER DAYABHAGA LAW

3.
SUCCESSION
 The Hindu Succession Act, 1956 is an Act of the
Parliament of India enacted to amend and codify the law
relating to intestate or unwilled succession and
testamentary succession, among Hindus, Buddhists,
Jains, and Sikhs.
 The Act lays down a uniform and comprehensive system
of inheritance and succession into one Act. The Hindu
woman's limited estate is abolished by the Act. Any
property possessed by a Hindu female is to be held by
her absolute property and she is given full power to deal
with it and dispose it of by will as she likes. Parts of this
Act was amended in 2005 by the Hindu Succession
(Amendment) Act, 2005.

4.
SUCCESSION OF PROPERTY OF A HINDU FEMALE
 Stridhana
 Woman’s Estate

5.
DAYABHAGA SCHOOL OF HINDU LAW
 Dayabhaga School owes its origin to Jimutavahana’s
digest on leading Smritis by the name of
“Dayabhaga”.The Dayabhaga school prevails only in
Bengal and Assam.It deals only with partition and
inheritance.
 Dayabhaga school bases its law of succession on the
principle of religious efficacy’ or spiritual benefit that the
one who confers more religious benefit on the
deceased is entitled to inheritance in preference to the
other who confers less benefit. The confinement of
religious benefit is based on doctrine of offerings and
pindadana.

6.
DISTRIBUTION OF PROPERTY UNDER DAYABHAGA
SCHOOL
 No right of son or daughter by birth in family
property.
 Father masters of all property – self generated or
inherited.
 No survivorship.
 Copercenary – comes into existence on father’s
death between heirs.
 Interest (ownership) in this copercenary created
does not fluctuate with birth, but is fixed.
 Under Dayabhaga School a female can be a
coparcenar depending upon the circumstances.

7.
DISTRIBUTION OF PROPERTY UNDER
DAYABHAGA SCHOOL
 Succession is per-stripe equal between
coparcenors . Inheritance is sole ownership no
furthur coparcenary created.Here coparcenary
cannot start with females.
 Father has unlimited power of alienation under joint
family property.
 Karta has limited power of alienation.
 Joint family system still runs by this school. No
unified code exists.

8.
COPARCENARY

9.
SHARE OF PROPERTY
 Thus in the diagram we can see,On the death of A
his sons B, C, D constitutes a coparcenary. If B dies
leaving behind a widow BW , and C dies leaving
behind a daughter CD, then the coparcenary will
constitute of BW ,CD & D.
 But in Dayabhaga coparcenary cannot be a
coparcenary consisting exclusively of
females.Similarly if D dies leaving a daughter DD
then there can’t ne a coparcenary. As under
dayabhaga coparcenary cannot start with
females.Thus if a male dies leaving behind two
widows or two daughters they will succed to property
but they cant be coparcenars.

10.
CONCLUSION
 Thus I would say that unlike Mitakshara school ,
the Dayabhaga school is considered to be
enlighted and progressive.
 In this school of law the females can inherit
property on their own.
 Karta plays a vital role here, which is a
drawback because he can alienate the property
on his own wish without consultation.
 Still there are many drawbacks in case of a
female being a copercenar . As in this case
males are preferred over females

11.
THANK YOU