With reference to the history of ancient India, which of the following statements is/are correct?
- 1.Mitakshara was the civil law for upper castes and Dayabhaga was the civil law for lower castes.
- 2.In the Mitakshara system, the sons can claim right to the property during the lifetime of the father, whereas in the Dayabhaga system, it is only after the death of the father that the sons can claim right to the property.
- 3.The Mitakshara system deals with the matters related to the property held by male members only of a family, whereas the Dayabhaga system deals with the matters related to the property held by both male and female members of a family.
Select the correct answer using the code given below.
- A.1 and 2
- B.2 only
- C.1 and 3
- D.3 only
▶ Answer & Explanation
Correct answer: B. 2 only
The Mitakshara school of law, prevalent in most parts of India, follows the principle of survivorship and coparcenary, where sons acquire an interest in ancestral property by birth during their father's lifetime. In contrast, the Dayabhaga school, primarily found in Bengal, follows the principle of succession, where inheritance opens only upon the father's death. The distinction between upper and lower castes for these laws is incorrect, as they were generally applicable based on region rather than caste hierarchy. Also, both systems, in their original form, primarily dealt with property held by male members.
Source: UPSC gs1 2021