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UPSC Prelims 2021 Paper-1 📅 10 Oct, 2021

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.

A
1 and 2
B
2 only
C
1 and 3
D
3 only
Result Summary
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UPSC Prelims
2021 • 10 Oct, 2021 • Paper-1
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
Geographical vs. Caste Division: The Mitakshara and Dayabhaga are the two foundational schools of Hindu traditional law governing inheritance. However, their di......
Ref/Book : UPSC Prelims 2021
Ref. Subject History
Chapter -
Ref. Topic Ancient India
Pg. No -
💡 Analysis & Explanation
Geographical vs. Caste Division ▼
The Mitakshara and Dayabhaga are the two foundational schools of Hindu traditional law governing inheritance. However, their division is strictly geographical, not caste-based. Dayabhaga was prevalent primarily in Bengal and Assam, while Mitakshara applied to the rest of India across all castes. Thus, statement 1 is fundamentally flawed.
Core Principles of Inheritance ▼
The primary jurisprudential difference between the two schools revolves around when the right to property accrues. Under Mitakshara, a son acquires an inherent right to ancestral property simply by birth, meaning he can claim a partition even while his father is alive. In contrast, the Dayabhaga system dictates that a son has no right in the ancestral property until the actual demise of his father. Thus, statement 2 perfectly captures this legal distinction.
Scope of Property Rights ▼
Neither system exclusively segregates property matters purely on the basis of gender in the absolute manner described. Both systems possess complex, albeit differing, provisions for handling women's property (Stridhana) and maintenance. Thus, statement 3 oversimplifies and misrepresents the legal texts.
Conclusion ▼
Only the temporal distinction regarding when property rights can be claimed (statement 2) is entirely accurate.
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