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: (2021)
✓ Correct answer: b) 2 only
ExplanationStatement 1 is incorrect : The distinction between Mitakshara and Dayabhaga is not based on caste i.e. upper or lower castes but on regional variations of Hindu law.Mitakshara was prevalent in most parts of India, whereas Dayabhaga was primarily followed in Bengal and parts of Assam.Statement 2 is correct : Both were Hindu law books and governed property rights and inheritance.The Mitakshara was written by Vijnanesvara, a scholar in the Kalyani Chalukya court in the late 11th century.The Dayabhaga was authored by Jimutavahana, a 12th-century scholar from Bengal.In the Mitakshara system, sons acquire a right to ancestral property by birth, meaning they have a share in the joint family property during the father’s lifetime.In the Dayabhaga system, sons do not have a right to the property until the father’s death.Statement 3 is incorrect : The Mitakshara system historically favored male descendants, with females becoming coparceners only after the Hindu Succession Act, 2005. In contrast, the Dayabhaga system provides relatively better property rights to women, allowing both male and female heirs to inherit property.However it is wrong to say that Mitakshara deals with matters of property rights of only males as the wife is allowed to have share when husband and son partition the property.Additional Information: Additional Information: Main differences between the Mitakshara and Dayabhaga systems Mitakshara System Dayabhaga System Writ er Vijnanesvara in the late 11th century Jimutavahana in the 12th- century Geo grap hical Prev alen ce Most parts of India, except Bengal and Assam Bengal and parts of Assam Inhe ritan ce Righ ts Sons acquire rights to ancestral property by birth Sons acquire rights to property only after the father's death Pro pert y Divis ion Joint family property is divided among male members Does not recognize the joint family structure and instead focuses on individual property rights and inheritance.Cop arce nary Pro pert y Only male members were traditionally considered coparceners until the Hindu Succession Act, 2005, allowed females to become coparceners Coparcenary concept does not exist; property is inherited individually
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