History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1029

v4.c63.1029

It is to be noted that the Dāyabhāga, the Dāyatattva and a few other works do not divide dāya into two kinds. According to them, all dāya is *sapratibandha* i. e. ownership arises in another only on the death of the previous owner¹⁰²⁰ or on the cessation of the latter's ownership owing to his becoming *patita* or a *sannyāsin* (ascetic).¹⁰²¹ The doctrine of this school is called *uparamasvatvavāda* (ownership arising on death), while the school of the Mit. holds the view of *janmasvatvavāda*. This is the great difference between the school of the Dāyabhāga and that of the Mitākṣarā. The former does not recognise that the son, grandson or great-grandson acquires by birth any right of ownership in the ancestral property held by the father or other ancestor.