Jimutavahana's Dayabhaga: The Hindu Law of Inheritance in by Ludo Rocher

By Ludo Rocher

It is a translation of a 12th-century Sanskrit felony textual content, with the unique textual content. The Dayabhaga used to be some of the most very important texts within the background of Indian legislations. The textual content, rather past due and encouraging little recognition, is necessary as the British increased it to such prominence of their new colony within the early nineteenth century. It was once often called the authority on inheritance and demanding points of kin legislations for the jap Indian zone. The case legislation and scholarship that encompass this article have formed Indian own legislation correct as much as the current day.

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Example text

45 The main argument in favor of these late dates was the fact that the commentarors on the Dayabhaga occasionally interpret Jimutavahana's statements as direct criticisms of the views held by authors who are known to belong to the 14th and 15th centuries, in particular Candesvara (1300-1350, Chakravarti 1915: 378; literary activity 1314-ca. 46 These statements by the Dayabhaga commentators were taken at face value by a number of scholars, including Sarvadhikari47 and J. C. xvi); they were not by 45 This date was based on the fact that Jimutavahana quotes Govindaraja, whom Jolly assigned to the 12th century (see earlier).

But there was some strong sentiment in favour of the retention of the Mitakshara coparcenary even in an attenuated form and the rules laid down in this section are a compromise having some of the merits and all the demerits which attend such adjustive legislation" (Mulla 1970: 778). Gupte concluded: "The present section is clearly a half-hearted attempt to preserve the old rule of survivorship" (1963: 365). According to others, "it would be proper to bring the Dayabhaga law in accordance with the Mitakshara" (Pawate 1975: xii; similarly Deshpande 1943).

Ity uktam (ed. p. 430; tr. 55). 61 Mitaksarayam Jlmtttavahanenoktam dusanam . . tan Mitaksarakrdasayaparijnanat (ed. p. 434; tr. 2). : 18). Cf. H. 93; emphasis added). , G. C. Sarkar Vyavaharaprakasa 1879: x ("Some of the doctrines of the Mitakshara . . 27, "Jimutavahana controverts the Mitakshara"; cf. 1927: 501); and Bhabatosh Bhattacharya 1935: 32. 59 Introduction 23 present day: "the Mitakshara school is the orthodox school, and the Dayabhaga school is the reformed school, of Hindu law" (Mulla 1970: 77).

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