Question 20 from UPSC CSE 2021 - Current Affairs

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.
Select the correct answer using the code given below.

Accepted Answer

Correct Option: B. 2 only

Strategy: Analyze each of the three statements for factual accuracy based on the known principles of the Mitakshara and Dayabhaga schools of Hindu law. Identify the single correct statement by evaluating claims about their basis (regional vs. caste), inheritance rights (by birth vs. after death), and property rights for women.

Key Info: Mitakshara and Dayabhaga are the two principal schools of Hindu law governing succession and inheritance.

**Mitakshara School**
Prevalent in most of India except Bengal and Assam, this system confers property rights by birth; sons become coparceners with a shared interest in family property as soon as they are born. The management and partition of property are governed by the male members (coparceners), and rights of women were traditionally restricted, particularly with respect to becoming coparceners or demanding partition.

**Dayabhaga School**
Predominant in Bengal and Assam, the right to property is acquired not by birth but after the father's death. Under this system, the share of property devolves upon the heirs after the death of the owner, enabling greater inheritance rights for widows—unlike Mitakshara, a widow can inherit her deceased husband's share and may enforce partition against his brothers.

**Key Differences and Context**
- Both systems are regional, not caste-based, codifications of Hindu family law, interpreting earlier Dharmashastra texts.
- The main differences concern the timing and nature of devolving property rights, women's rights, and coparcenary principles. The Mitakshara system has traditionally granted very limited property rights to women, whereas Dayabhaga is considered less restrictive regarding women's inheritance.
- These schools have served as the basis for many later legal reforms, including those under the Hindu Succession Act, 1956.

Answer

Option A: 1 and 2

Answer

Option C: 1 and 3

Answer

Option D: 3 only