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.
A1 and 2
B2 only
C1 and 3
D3 only
Answer & Solution
Correct answer: B. 2 only
Answer: B. Only statement 2 is correct.
MITAKSHARA and DAYABHAGA are the TWO MAJOR SCHOOLS OF HINDU LAW (specifically of inheritance and joint family property) that developed during the early medieval period.
- MITAKSHARA, a commentary by VIJNANESHWARA (11th century CE) on Yajnavalkya Smriti, was followed across most of India (except Bengal and Assam).
- DAYABHAGA, by JIMUTAVAHANA (12th century CE), was followed in BENGAL AND ASSAM.
Statement 1 is WRONG. Mitakshara and Dayabhaga were NOT divided by caste — neither was 'for upper castes' or 'for lower castes'. They were GEOGRAPHIC/REGIONAL schools of Hindu law applicable to ALL HINDUS in their respective regions, irrespective of varna.
Statement 2 is CORRECT. The fundamental difference between the two schools concerns the TIMING AND NATURE of inheritance rights:
- MITAKSHARA: Sons acquire a RIGHT IN COPARCENARY PROPERTY BY BIRTH; the right exists DURING THE FATHER'S LIFETIME. Property is held jointly; partition can be demanded.
- DAYABHAGA: Sons have NO RIGHT TO PROPERTY DURING THE FATHER'S LIFETIME; they inherit only ON THE DEATH OF THE FATHER. Father has absolute disposal during his life.
This is the classic distinction taught in jurisprudence — birthright vs survivorship.
Statement 3 is WRONG. Mitakshara does NOT exclude female members. Both Mitakshara and Dayabhaga deal with inheritance involving both male and female members, but with different rules for women's rights. (The Hindu Succession Act 1956 and 2005 amendment harmonised many aspects.) The claim that Mitakshara is 'male only' is factually wrong.
Source: NCERT Class 11 Themes in Indian History references / Hindu Law textbooks (J.D.M. Derrett, P.V. Kane).
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