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.
Why this Question) Supreme court’s decision giving women equal right to inherit ancestral property.
Exp) Option b is correct
Statement 1 is incorrect. Mitakshara is the oldest schools of Hindu law and is practiced in India except in the state of West Bengal and Assam. Dayabhaga is also important schools of Hindu law mainly practiced in Assam & West Bengal. Both law deals with upper and lower castes.
Statement 2 is correct. In the Mitakshara school of inheritance, property is inherited by the successors (coparceners) only when they were born in the family of the property holder thus when a son is born, he receives right in the property. So he can inherit during the lifetime of a father. In the case of Dayabhaga school of inheritance, property is inherited by the successors (coparceners) only when the holder of the property is dead.
Statement 3 is incorrect. Both Mitakshara and Dayabhaga deals with male and female property rights. Mitakshara school is orthodox school .It is biased against women & gave them very less right to inherit property. Dayabhaga is also biased, but it is a liberal school and it gives more rights to women to inherit property compared to Mitakshara.