Q. 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. (UPSC Prelims 2021)
Answer: 2 only
Notes: The correct answer is [B] 2 only. This question compares the two major schools of Hindu Law—Mitakshara and Dayabhaga—which governed inheritance and succession in ancient and medieval India.

• Statement 1 (Incorrect): Both systems were applied based on geography, not caste. The Mitakshara school (authored by Vijnanesvara) prevailed throughout India except for Bengal and Assam. The Dayabhaga school (authored by Jimutavahana) prevailed primarily in Bengal and Assam. Both systems applied to all relevant social groups within those regions.
• Statement 2 (Correct): This is the fundamental legal distinction. Under Mitakshara, a son acquires a right to the ancestral property by birth (Janmaswatvavada); thus, he can claim partition during his father's lifetime. Under Dayabhaga, the son's right arises only upon the death of the father (Uparamaswatvavada); the father is the absolute owner during his lifetime.
• Statement 3 (Incorrect): Both systems primarily dealt with male coparceners, but neither was exclusive to one gender's property. In fact, Dayabhaga was generally considered more liberal toward women's rights; for instance, under Dayabhaga, a widow could succeed to her husband's share in a joint family if he died sonless, whereas Mitakshara restricted this right significantly.

Historically, these schools formed the basis of the Hindu Succession Act until modern amendments (like the 2005 amendment) moved toward gender equality by making daughters coparceners.