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
Solution :
The correct option is 2 only.
Let us analyze each of the given statements regarding ancient Indian legal systems (Mitakshara and Dayabhaga):
Statement 1: "Mitakshara was the civil law for upper castes and Dayabhaga was the civil law for lower castes."
Incorrect: Neither Mitakshara nor Dayabhaga was divided based on caste distinctions. Mitakshara was applicable across almost all of India (except Bengal and Assam), while Dayabhaga was prevalent primarily in Bengal and Assam, regardless of caste.
Statement 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."
Correct: Under the Mitakshara law school, a son acquires a birthright in the ancestral property and can demand partition during the lifetime of his father. Under the Dayabhaga law school, ownership rights arise only upon the death of the father; sons do not have a birthright in ancestral property during the father's lifetime.
Statement 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."
Incorrect: Both Mitakshara and Dayabhaga legal frameworks contain provisions for property rights of women (such as Stridhana) alongside property rights of male members, although their specific rules of inheritance and partition differ.
Therefore, only statement 2 is correct.
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