DIFFERENCE BETWEEN MITAKSHARA AND DAYABHAGA SCHOOL

                             

1. Hindu law has two main schools:
   (A) Mitakshara school and Mithila school
   (B) Dayabhaga school and Benaras school
   (C) Dayabhaga school and Dravida school
   (D) Mitakshara school and Dayabhaga school
2. Mark the correct statement
   (A) The Mitakshara is a commentary on the code of Yajnavalkya and is written by Vijneshwara.
   (B) The Dayabhaga is a digest of all the codes and is written by Jimutavahana.
   (C) Mitakshara school is applicable to whole of India except state of Bengal and Assam whereas Dayabhaga school is applicable only in state of Bengal and Assam.
   (D) All of the above
3. According to the Mitakshara Law
   (A) the sons do not acquire any interest by birth in the ancestral property
   (B) the sons acquire interest by birth in the ancestral property only with the consent of the father
   (C) each son acquires at his birth an equal interest with his father in all ancestral property
   (D) either (A) or (B)
4. The sons acquire interest by birth in the ancestral property only with the consent of the father under
   (A) Dayabhaga law
   (B) Mitakshara law
   (C) Both (A) and (B)
   (D) Neither (A) nor (B)
5. Under Mitakshara law, the joint family property devolves by
   (A) survivorship
   (B) succession
   (C) both (A) and (B)
   (D) only (B) and not (A)
6. Under the Dayabhaga law, on the death of father, the property left by him shall be devolves by
   (A) succession
   (B) survivorship
   (C) only (A) and not (B)
   (D) both (A) and (B)
7. Mark the correct statement:
   (A) Under Mitakshara law, the essence of coparcenery is unity of ownership
   (B) Under Dayabhaga law, the essence of coparcenery is unity of possession.
   (C) Both (A) and (B)
   (D) None of the above
8. Property under Mitakshara law is divided into categories?
   (A) Obstructed heritage
   (B) Unobstructed heritage
   (C) Self acquired property
   (D) Both (A) and (B)
9. Dayabhaga school does not recognise
   (A) obstructed heritage
   (B) unobstructed heritage
   (C) both (A) and (B)
   (D) neither (A) nor (B)
10. Which of the following statement is correct?
    (A) Spiritual benefit is the basis of heritability under the Dayabhaga and it determines the order of succession
    (B) The principle of blood relationship is the basis of heritability and propinquity and determining preference under the Mitakshara
    (C) Both (A) and (B) are correct
    (D) None of the above
11. A Mitakshara coparcener has an interest in the joint family property and that interest is
    (A) specified but fluctuating
    (B) specified and fixed
    (C) unpredictable and fluctuating
    (D) unpredictable but fixed
12. A Dayabhaga coparcener, on the death of of his father takes a
    (A) specified and fixed share
    (B) fluctuation and uncertain interest
    (C) specified but fluctuating
    (D) none of the above
13. Mark the correct statement
    (A) Under the Mitakshara law, the father has no power to alienate his son’s share, after a partition between him and his son, even though the alienation is in respect of a debt contracted before partition.
    (B) Under the Dayabhaga law, the father has an absolute right to dispose of the ancestral property
    (C) Both (A) and (B)
    (D) None of the above
14. Which of the following statements are correct?
    (A) Under the Mitakshara system, a member of a joint family cannot alienate his interest
    (B) Under the Mitakshara system, a member of a joint family can alienate his interest in it.
    (C) Under the Dayabhaga system, on father’s death his sons obtain the father’s property in quasi-severally as a partitioned succession ans each son is entitled to alienate his share freely
    (D) Both (A) and (C) are correct

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Created on February 18, 2022 By JudicialDream

DIFFERENCE BETWEEN MITAKSHARA & DAYABHAGA SCHOOL

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1) 1. Hindu law has two main schools

Mitakshara school and Mithila school

Dayabhaga school and Benaras school

Dayabhaga school and Dravida school

Mitakshara school and Dayabhaga school

2 / 14

2) 2. Mark the correct statement

The Mitakshara is a commentary on the code of Yajnavalkya and is written by Vijneshwara.

The Dayabhaga is a digest of all the codes and is written by Jimutavahana.

Mitakshara school is applicable to whole of India except state of Bengal and Assam whereas Dayabhaga school is applicable only in state of Bengal and Assam.

All of the above

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3) 3. According to the Mitakshara Law

the sons do not acquire any interest by birth in the ancestral property

the sons acquire interest by birth in the ancestral property only with the consent of the father

each son acquires at his birth an equal interest with his father in all ancestral property

either (A) or (B)

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4) 4. The sons acquire interest by birth in the ancestral property only with the consent of the father under

Dayabhaga law

Mitakshara law

Both (A) and (B)

Neither (A) nor (B)

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5) 5. Under Mitakshara law, the joint family property devolves by

survivorship

succession

both (A) and (B)

only (B) and not (A)

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6) 6. Under the Dayabhaga law, on the death of father, the property left by him shall be devolves by

succession

survivorship

only (A) and not (B)

both (A) and (B)

7 / 14

7) 7. Mark the correct statement:

Under Mitakshara law, the essence of coparcenery is unity of ownership

Under Dayabhaga law, the essence of coparcenery is unity of possession.

Both (A) and (B)

None of the above

8 / 14

8)

8. Property under Mitakshara law is divided into categories?

Obstructed heritage

Unobstructed heritage

Self acquired property

Both (A) and (B)

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9) 9. Dayabhaga school does not recognise

obstructed heritage

unobstructed heritage

both (A) and (B)

neither (A) nor (B)

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10) 10. Which of the following statement is correct?

Spiritual benefit is the basis of heritability under the Dayabhaga and it determines the order of succession

The principle of blood relationship is the basis of heritability and propinquity and determining preference under the Mitakshara

Both (A) and (B) are correct

None of the above

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11)

11. A Mitakshara coparcener has an interest in the joint family property and that interest is

specified but fluctuating

specified and fixed

unpredictable and fluctuating

unpredictable but fixed

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12) 12. A Dayabhaga coparcener, on the death of of his father takes a 

specified and fixed share

fluctuation and uncertain interest

specified but fluctuating

none of the above

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13) 13. Mark the correct statement

Under the Mitakshara law, the father has no power to alienate his son’s share, after a partition between him and his son, even though the alienation is in respect of a debt contracted before partition.

Under the Dayabhaga law, the father has an absolute right to dispose of the ancestral property

Both (A) and (B)

None of the above

14 / 14

14) 14. Which of the following statements are correct?

Under the Mitakshara system, a member of a joint family cannot alienate his interest

Under the Mitakshara system, a member of a joint family can alienate his interest in it.

Under the Dayabhaga system, on father’s death his sons obtain the father’s property in quasi-severally as a partitioned succession ans each son is entitled to alienate his share freely

Both (A) and (C) are correct

The average score is 38%

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ANSWER 1. D 2. D 3. C 4. A 5. A 6. A 7. C 8. D 9. B 10. C 11. C 12. A 13. C 14. D