Dayabhaga HUF

prakash sahay (Querist) 21 November 2010 This query is : Resolved
what is the difference in Dayabhaga HUF and Mitakshara HUF

Can wife become Karta of the property after her husband's death

Can the wife sell the property without the consent of other coparcenor

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Ayantika Mondal (Expert) 22 November 2010
mitakshara & dayabhaga are 2 schools of hindu law. dayabhaga followed in Bengal,Orissa, North East and mitakshara in rest of India.

Wife can become the karta only when there is no male coparcenor alive and also if her dead husband is survived by heirs, they have to be minors.

the indian judiciary has issued diverse judgements on the same question and there is no rule in hindu law on the same. However, if u look into the Dharmashastra, which is considered the jurisprudence of hindu law, it says a widow with minors as survivors can act as a manager and sell property but only for the well being of the family.