Q100. With reference to the history of ancient India, which of the following statements is/are correct?
- Mitakshara was the civil law for upper castes and Dayabhaga was the civil law for lower castes.
- In the Mitakshara system, the sons can claim the 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 the right to the property.
- The Mitakshara system deals with matters related to the property held by male members only of a family, whereas the Dayabhaga system deals with matters related to the property held by both male and female members of a family.
Select the correct answer using the code given below.
a) 1 and 2
b) 2 only
c) 1 and 3
d) 3 only
Answer: (b)
- Statement 1 is not correct: Mitakshara and Dayabhaga terms were used to denote regions. It is not related to the caste system.
- Statement 2 is correct: According to the Mitakshara Law School, a joint family refers only to the male member of a family and extends to include his son, grandson and great-grandson. They collectively have co-ownership/Coparcenary in the Joint Family. Thus, a son by birth acquires an interest in the ancestral property of the joint family. Under the Dayabhaga law school, the son has no automatic ownership right by birth but acquires it on the demise of his father.
- Statement 3 is not correct: The Dayabhaga system prevails in West Bengal and allows both the male and female members of the family to be coparceners. Mitakshara system, on the other hand prevails all over India except West Bengal and allows only the male members to be coparceners.
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