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Dayabhaga


Dayabhaga (c 12th century) the code of Hindu inheritance of peroperty by jimutavahana. Dayabhaga is one of the three divisions of Hindu scriptures known as Smriti or laws.

At one time Mitaksara annotations of Yajvavalkyasmrti about the laws of inheritance were regarded as the most authentic. But differences arose in Bengal during the age of nabyasmriti, necessitating a re-codification. It was in these circumstances that Jimutavahana wrote Dayabhaga. The basic difference between Mitaksara and Dayabhaga relates to a son's share in his father's inheritance. According to Mitaksara, as soon as a male child is born, he becomes entitled to a share in his father's inheritance.

In Dayabhaga, however, a son does not automatically get a share of his father's inheritance while the father is alive. While he gets a share of his dead father's movable goods, he can only get a share of his living father's inheritance if his father makes him a gift. Dayabhaga discusses in detail how paternal property is to be divided, shares of the inheritors, a wife's share and the indivisible part of the property.

Hindu inheritance in Bangladesh is still regulated by the rules laid down in Dayabhaga. A number of commentaries have been written on it, among them commentaries by Srinath Acharyachudamani (Dayabhagatippani, 15th-16th century), raghunandan (Dayabhagatika, 15th-16th century) and Srikrishna Tarkalankar (Dayabhagatika, 18th century). [Dulal Bhowmik]