UPSC Prelims 2021 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.

Explanation:

• • Mitakshara is a legal commentary on the Yajnavalkya Smriti.  It is known for its theory of "Inheritance by birth". It was written by Vijnanesvara. (a scholar in the Western Chalukya court in the late 11th century). Dayabhaga is a Hindu law treatise written by Jimutavahana, which primarily focuses on the inheritance procedure.
  • Two systems of family law, Dayabhaga, and Mitakshara, became basic to the upper castes. So, statement 1 is not correct.
    
    

• According to the more widely prevalent Mitakshara system, the sons could claim the right to property even during the lifetime of the father. In Dayabhaga system, sons could claim rights to property and partition the property only after the death of the father. This system came to prevail in eastern India. So, statement 2 is correct.
  
  

• Both Dayabhaga and Mitakshara systems of family law referred right to property held jointly by only male members of the families. So, statement 3 is not correct.
  
  

Therefore, option (2) is the correct answer.

Subject: History | Miscellaneous