UPSC Prelims PYQ 2021: Mitakshara vs Dayabhaga — inheritance rules

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.

1. 1 and 2
2. 2 only
3. 1 and 3
4. 3 only

Explanation

Statement 1 is incorrect

• The Mitakshara and Dayabhaga are two prominent schools of Hindu law, each with its own principles and interpretations regarding property rights, inheritance, and succession. Mitakshara is more widely followed in Northern India, while Dayabhaga is more popular in Eastern India.
• Both the Mitakshara and Dayabhaga systems are not based on caste distinctions but rather on different legal principles for inheritance and succession.

Statement 2 is correct

• In the Mitakshara system, sons can claim their share of the property during the father’s lifetime, while under the Dayabhaga system, the sons’ rights to the property are only recognised after the father’s death.

Statement 3 is incorrect

• The Mitakshara system historically prioritised male descendants in inheritance matters, with females being granted coparcener status after the Hindu Succession (Amendment) Act, 2005. In contrast, the Dayabhaga system offers more equitable property rights, allowing both male and female heirs to inherit property and not restricting inheritance to the male line.

Answer: (b) 2 only: Difficulty Level: Hard