GS PrelimsHistory (Ancient India)Language and Literature of India2021

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: Option B

Explanation

1. Statement 1 is incorrect. Mitakshara and Dayabhaga were two major schools of Hindu law governing inheritance and succession, prevalent in different geographical regions of India (Mitakshara in most parts, Dayabhaga primarily in Bengal and Assam). Their application was not based on a division between upper castes and lower castes. 2. Statement 2 is correct. This highlights a fundamental difference between the two systems regarding ancestral property. Under the Mitakshara system, sons acquire a right to the ancestral property by birth (coparcenary right) and can claim it even during the lifetime of the father. Under the Dayabhaga system, the father is the absolute owner, and the sons' right to the property arises only after the death of the father. 3. Statement 3 is incorrect. Both the Mitakshara and Dayabhaga systems deal with matters related to the property rights of both male and female members of a family, although the specific rules and extent of rights (especially for women) differed between the two schools and evolved over time. Neither system exclusively dealt with only male members' property.

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