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
Correct answer
Explanation
The correct answer is B, 2 only. The real difference between the two schools is when a son's right to ancestral property arises, not caste or the sex of the owner.
Mitakshara is Vijnaneshwara's commentary on the Yajnavalkya Smriti, written in the Chalukya court of Kalyani in the 11th-12th century. Under it a son acquires a share in ancestral property by birth, so he can claim it even while his father is alive. Dayabhaga, written by Jimutavahana in Bengal, holds that the father is the full owner and sons inherit only after his death. Dayabhaga prevailed in Bengal and Assam, Mitakshara in the rest of India.
Statement 1 is wrong: the two are regional schools of Hindu law, not laws for different castes.
Statement 3 is wrong: both schools deal with family property; neither is limited by the owner's sex in the way stated.
So A, C and D, which include statement 1 or 3, are wrong.
Exam tip: Mitakshara (Vijnaneshwara) = right by birth; Dayabhaga (Jimutavahana, Bengal) = right only after the father's death.
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