Q. 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.

• 1 and 2
• 2 only
• 1 and 3
• 3 only

Answer: (b) 2 only

Notes:

• Dayabhaga and Mitakshara are two schools of Hindu law that differ in their views on property ownership, inheritance, and succession practices in India. Mitakshara and Dayabhaga terms were used to denote regions. It is not related to the caste system.
• The Mitakshara Law applies to the whole of India except Bengal and Assam. The Dayabhaga Law applies to the communities living in the states of Bengal and Assam and other parts of the world.
• The difference between Dayabhaga and Mitakshara is in the basic idea of them. Dayabhaga does not give anyone the right to property before the death of their forefathers whereas Mitakshara gives anyone the right to property just after their birth.
• Dayabhaga system prevails in West Bengal and allows both the male and female members of the family to be coparceners. Mitakshara system, on the other hand, prevails all over India except West Bengal and allows only the male members to be coparceners.