UPSC Prelims 2021 Q40: Ancient History – Society, Law & Administration

UPSC Prelims 2021, General Studies Paper I · Ancient History

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

Answer: (b) 2 only

Explanation

Mitakshara vs Dayabhaga: Hindu Inheritance Law Schools

Statement	Claim	Verdict	Detail
1	Mitakshara for upper castes, Dayabhaga for lower castes	FALSE	Both schools applied to all Hindus in their respective REGIONS: Mitakshara - most of India; Dayabhaga - Bengal and Assam. No caste distinction.
2	Mitakshara: sons get right at birth; Dayabhaga: after father's death	TRUE	Under Mitakshara, sons acquire an interest in ancestral property by birth (unobstructed heritage). Under Dayabhaga, sons get rights only after the father's death (obstructed heritage).
3	Mitakshara only for male property; Dayabhaga for both genders	FALSE	Both schools historically dealt with coparcenary property among male members. Female inheritance was limited in both. Hindu Succession (Amendment) Act 2005 gave equal rights to daughters.

Only statement 2 is correct. Answer: (b).

Answer: (b) 2 only.

Why each option is right or wrong

(a) Incorrect. Statement 1 is wrong - no caste distinction between the two schools; the distinction is geographical (Bengal vs rest).
(b) CORRECT. Only statement 2 is correct - Mitakshara sons get right at birth (unobstructed heritage), Dayabhaga sons get right only after father's death (obstructed heritage).
(c) Incorrect. Statement 3 is wrong - both dealt with male coparcenary; female rights came only via Hindu Succession Act 1956 (and 2005 amendment).
(d) Incorrect. Statement 3 is wrong.

Key point

Mitakshara = son's right at BIRTH (unobstructed heritage); rest of India. Dayabhaga = son's right AFTER father's death (obstructed heritage); Bengal/Assam. NO caste distinction. Both schools historically male-coparcenary; daughters equalised via Hindu Succession Amendment 2005.

Remember

In the Mitakshara system, sons can claim right to the property during the lifetime of the father (birth-based right / unobstructed heritage). In the Dayabhaga system, sons can claim right only after the death of the father (succession-based right / obstructed heritage). Both apply to all Hindus, split by REGION (Bengal/Assam = Dayabhaga; rest = Mitakshara). Only statement 2 is correct. Answer: (b).

Common mistakes

Assuming Mitakshara and Dayabhaga applied to different castes. They applied to different REGIONS (Bengal follows Dayabhaga; rest of India follows Mitakshara).
Not knowing the key doctrinal difference: birth-based rights (Mitakshara) vs succession-based rights (Dayabhaga).
Missing the Hindu Succession (Amendment) Act 2005 which gave daughters equal coparcenary rights - a major reform.

Exam tip

Mitakshara vs Dayabhaga: BIRTH vs DEATH. Mitakshara sons get right by birth (unobstructed heritage). Dayabhaga sons get right only after father's death (obstructed heritage). Geographic split: Bengal/Assam = Dayabhaga; rest of India = Mitakshara. Codified by Hindu Succession Act 1956.

Sources

Hindu Succession Act, 1956 (with 2005 Amendment)
P.V. Kane - History of Dharmasastra (Chapter on Inheritance)

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