Q.54
Family Law Medium Knowledge-Based
Bare Act Hindu Law — Personal Law · Dayabhaga and Mitakshara Schools

On matters where Dayabhaga is silent, what prevails?

A Local customs
B Smritis
C Shrutis
Mitakshara Answer
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Explanation & Strategy

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Mitakshara is the dominant and more comprehensive school of Hindu law applicable across India (except Bengal). When Dayabhaga — which is primarily limited to succession and joint family property concepts in Bengal — does not address a particular legal question, Mitakshara fills the gap as the default subsidiary source. This principle was established through consistent judicial practice and reflects the broader acceptance of Mitakshara as the foundational school of Hindu jurisprudence.

At a Glance
Subject Family Law
Difficulty Medium
Act Hindu Law — Personal Law
Section Dayabhaga and Mitakshara Schools
Answer (D) Knowledge-Based
Paper AIBE XIX — December 2024
Progress in Paper
Q.54 100 questions

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