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:
Explanation
Statement 1 is incorrect: Both Mitakshara (authored by Vijnaneshwara) and Dayabhaga (authored by Jimutavahana) are regional schools of Hindu personal law governing inheritance across all castes, not divided along upper-caste or lower-caste lines. Dayabhaga prevailed primarily in Bengal and Assam, while Mitakshara held sway across the rest of the Indian subcontinent.
Statement 2 is correct: Under the Mitakshara school, coparcenary rights accrue by birth; hence, a son acquires an immediate vested interest in ancestral coparcenary property and can demand partition during the lifetime of the father. Under the Dayabhaga school, rights in ancestral property arise only upon the death of the father (or preceding owner), meaning sons cannot demand partition while the father lives.
Statement 3 is incorrect: Both legal schools formulate comprehensive rules regarding female property rights (Stridhana) as well as succession to male estates; Dayabhaga is historically recognized as granting greater independent proprietary inheritance rights to widows and females compared to Mitakshara.
Therefore, only statement 2 is correct — Option B.