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There, is no right by birth. The father has un-controlled power of alienation over the family property under the Dayabhaga. Under the Mitakshara the father’s power are qualified by the son’s equal right by birth.

(ii) Survivorship:

Brothers who have inherited property from their father have a right of survivorship in the Mitakshara joint family. The Dayabhaga does not recognise any right of survivorship and the brothers hold in quasi-severalty with full power of alienation.

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(iii) Widow’s rights:

When one of the brothers dies, his widow can succeed to his share under the Dayabhaga but under the Mitakshara her rights are excluded by the right of survivorship of the brothers. The widow can then have only a right to maintenance.

(iv) Sapinda: Heirship:

The relationship of Sapinda arises according to Mitakshara by propinquity or community of blood. Under the Dayabhaga it arises by means of Pinda offerings to deceased ancestors. Spiritual benefit is the criterion for heirship under the Dayabhaga while consanguinity (blood relationship) is the guiding principle under the Mitakshara.

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