1. Mitakshara was the civil law for upper caste and Dayabhaga was the civil law for lower castes.
2. In the Mitakshara system, the sons can claim right to the property during 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
Explanation:
Vijnaneshvara (11th–12th centuries) wrote commentary on the Yajnavalkya Smriti titled the Mitakshara, became an authority on various aspects of Hindu law.
Jimutavahana wrote a work on procedural law called the Vyavaharamatrika and a digest of laws on inheritance called the Dayabhaga,
In Bengal and Assam the Dayabagha School was established and in the entire of India apart from in Bengal and Assam Mitakshara School is followed.
In the Mitakshara School, the allocation of inherited property was based on the law of possession by birth and a man could leave his self-acquired property to which he willed. The joint family property went to the group known as coparceners, i.e. those who belonged to next three generations and also the joint family property by partition could be, at any time, converted into separate property . Therefore in Mitakshara School, Sons had an exclusive right by birth in joint family property.
The property is inherited in the Dayabhaga School after the death of the person who was in possession of it.
Hence, option b is correct.
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