Ancient Indian Jurisprudence

Difference between Mitakshara and Dayabhaga Schools

In the Mitakshara system, sons claim property rights by birth during the father's lifetime. In Dayabhaga, inheritance only occurs after the father's death.

Primary Reference: Standard Educational Reference

Archived: 2021

Updated: 12 Oct 2025

Exam Year

2021

Evidence Source

Link ↗

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 CSE Pre. 2021, GS Paper I]

Detailed Solution & Historical Context

Concept

Mitakshara (by Vijnaneshwara) and Dayabhaga (by Jimutavahana) are the two major schools of Hindu Law governing inheritance and property.

Authentic Source Evidence

Mitakshara applies to all of India except Bengal and Assam, where Dayabhaga prevails. The core difference lies in the 'right by birth' (Mitakshara) versus 'right by succession' (Dayabhaga).

Analytical Breakdown

Logic 1: Statement 1 is incorrect; these schools are based on geography and ideology, not caste distinctions.

Logic 2: Statement 2 is correct. In Mitakshara, a son acquires interest in ancestral property by birth. In Dayabhaga, the father is the absolute owner until death.

Logic 3: Statement 3 is incorrect. Both schools deal with property rights of males and females, though they differ significantly in the extent of rights granted to women.

Conceptual Deep Dive & Logic

"What is the primary geographical divide between these two schools?"

Dayabhaga is restricted to Bengal and Assam, while Mitakshara covers the rest of the Indian subcontinent.

Examiner's Mindset & Pro-Tip

"The Mitakshara system fosters the 'Joint Family' concept through the principle of survivorship, whereas Dayabhaga emphasizes individual ownership."

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