History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c93.634

v7.c93.634

The Mitākṣarā and the Dāyabhāga, both steeped in Mīmāṁsā lore, differ on numerous points, some of which are:—(1) The Mit. holds that property or ownership arises by birth, the Dāyabhāga denies it and says it is on the death of the previous owner or by partition, (2) superior right to inherit depends on religious efficacy according to the Dāyabhāga, while nearness of blood relation is the determining factor according to the Mit.; (3) Members of a joint family hold family property in quasi-severalty and can dispose of their shares even before partition according to the Dāyabhāga; the Mit. does not say so; (4) acc. to Dāyabhāga even in a joint family a widow succeeds to her husband's share on his death without male issue, while the Mit. does not accept this view.