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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.

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. Correct Answer 2 only

The correct answer is 2 only

Key Points

  • Mitakshara Law:
    • It is based on the Yajvavalkya Smriti about the laws of inheritance 
    • Under this law, as it existed until the amendments made by The Hindu Succession (Amendment) Act, 2005, the son acquires by birth an interest in the ancestral property. 
    • In Mitakshara law, on the death of a coparcener, his interest became merged with that of the surviving coparceners.
    • A coparcener is a person who shares equally with others in the inheritance of an undivided estate or in the rights to it.
  • Dayabhaga Law:
    • Dayabhaga (c 12th century) is the code of Hindu inheritance of property by jimutavahana.
    • In Dayabhaga, a son does not automatically get a share of his father's inheritance while the father is alive. Hence statement 2 is correct.
    • It mostly prevailed in Bengal.
  • Applicability of either of the laws is not exclusive to any specific caste(s). Hence statement 1 is not correct.
  • Therefore, the correct answer is Option 2.

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