Q40.
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.
Answer
B
Explanation
Statement 1 is not correct: Both the Two systems of family/civil law, Dayabhaga and Mitakshara are the basic to the upper castes alone - Dayabhaga system prevailed in eastern India and Mitakshara in remaining parts of the country. Statement 2 is correct: According to the Dayabhaga system, which came to prevail in eastern India, only on the death of the father could the sons claim rights to property and partition the property. In Mitakshara system, the sons could claim this right even during the lifetime of the father. Statement 3 is not correct: Both the systems deal with the property rights of both of men and women – In Mitakshara school property rights of the women were restricted to a great extent; women were believed to never be able to become a coparcener. The widow of a deceased coparcener could not get his share and was not allowed to enforce a partition of his husband’s share against his brothers, Dayabhaga school on the other hand was somewhat lenient, a widow has the right to inherit her deceased husband’ s share and could enforce a partition against his brothers.