Mitakshara and Dayabhaga Legal Systems

HistoryAncient India (general)Statement-based● HardStatic

Question

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.

Options

1 and 2

2 only

Answer

1 and 3

3 only

Explanation

Statement 1 is incorrect because both Mitakshara and Dayabhaga are structural schools of Hindu law governing inheritance across communities, without being split by a caste line. Statement 2 is correct because Mitakshara grants a coparcenary right by birth, allowing sons to claim property while the father lives, whereas Dayabhaga recognizes inheritance rights only when the father passes away. Statement 3 is incorrect because both systems deal with property rights for both male and female members, even though their principles of distribution differ. > The primary distinction between Mitakshara and Dayabhaga rests on when property rights vest—at birth versus after a patriarch's demise. Answer: (b).