This article has been written by Ms. C S Poorna a 2nd year student of Lloyd Law College.
Introduction
The right to inherit property for women was restricted from the earliest time in Indian culture. As in the ancient test in Manusmriti it has written that ‘Her father protects her in childhood, her husband protects her in youth and her brothers protects her in old age’ The women were never given independence.
As women were not completely excluded from attaining the property but the shares provided to her from the property were far less than provided to male members.
As from ancient time the laws has been made for the women to attain the right to have property.
History
In the patriarchal society the hindu women were provided with property rights which is known as ‘stridhan’.
The literal meaning of stridhan translates to women’s property. The word stridhan has derived from the word ‘Stri’ translates to women and ‘dhana’ translates to property thus by combining these two words we get ‘the property of women.’
In ancient times the Smritikars perceived with the concept of stridhan. They defined stridhan as those properties which a female received as a gifts by the relatives.
After that there were two schools which defined stridhan in different manner.
According to Dayabhaga there are two kinds of stridhan :
- Yautaka which refers to all the gifts given to the bride in marriage ceremony
- Ayautaka which refers to gifts and bequests made by the father and other relations before the marriage. Also, the gifts and bequests made to a woman by relations other than the father after the marriage.
According to Mitakshara there are two kinds of stridhan :
- Saudayika Stridhan which refers to property obtained by a married or unmarried girl, from the husband, or parents, at the husband’s or father’s place.
- Non-Sauyadika Stridhan A woman does not have the power to dispose of this Stridhan property without the husband’s consent.
Thus as per the Hindu Law stridhan refers as whatever the women receives as a gift during her life time. Stridhan includes all the movable and immovable property received by the women throughout her life.
Factors of stridhan
There are several factors to determine whether the property is stridhan or not the factors are ;
- The status of the woman at the time of acquisition of property, i.e. whether she was unmarried, married, or a widow;
- The source from which the property was acquired; and
- The school of Hindu law to which the woman belonged
Modern changes in stridhan
The Honble Supreme Court held specefic conditions which will be included in the stridhan this ruling came in the case of Pratibha Rani v Suraj Kumar.
The things which included in the stridhan are:
- Gifts made before the nuptial fire,
- Gifts made at the bridal procession, i.e. while the bride is being led from her residence of her
- parents to that of her husband.,
- Gifts made in token of love, that is, those made by her father-in-law and mother-in-law and those
- made at the time of the bride making obeisance at the feet of elders,
- Gifts made by the father of the bride,
- Gifts made by the mother of the bride,
- Gifts made by the brother of the bride.
When the case of Smt. Rashmi Kumar vs. Mahesh Kumar Bhada came the honble supreme court observed that when a wife entrusts her Stridhan property to her husband or any other member of the family with dominion over that property, and the husband or such other member of the family dishonestly misappropriates or converts that property to his or her own use, or wilfully allows another person to do so, he or she commits criminal breach of trust
It is very important to learn how stridhan can be acquired.
How stridhan is acquired ?
To acquire stridhan According to Section 14 of the Hindu Succession Act, 1956 property obtained by a woman from the following sources is her absolute property
- Gift (immovable and movable both). It might have been received before her marriage, during
- marriage and after marriage
- Property received as her exclusive share during partition of family property
- Property received by her as a consideration for any compromise.
- Property earned and accumulated by service, profession, business etc.
- Property received in lieu of maintenance
- Property purchased from her own Streedhan
- Property inherited by a woman.
- Acquired in any other manner- property received under a decree or award, or through adverse possession
Overall a women has the right to have stridhan which is protected under Section 14 of the Hindu Succession Act, 1956 and Section 27 of the Hindu Marriage Act, 1955 , states “even if it is placed in the custody of her husband or her in-laws, they would be deemed to be trustees and bound to return the same if and when demanded by her”.
Sec. 12 of the Domestic Violence Act, 2005 provides for women right to her Stridhan in cases where she is a victim of domestic violence. The provisions of this law can be easily invoked for recovery of Stridhan.The magistrate may direct the respondent to return to the possession of the aggrieved person her Stridhan or any other property or valuable security to which she is entitled.
Again under section 18(ii) of the Domestic Violence Act the law says that a woman is entitled to receive the possession of the Stridhan, jewellery, clothes and other necessary items. The term ‘economic abuse’ has also been provided under the Act.
The significance of stridhan is that it empowers women financially and provides them with security and independence within their marriage and society. It challenges traditional concepts of female dependence and promotes gender equality in property ownership and decision-making.Stridhan can act as a safety net for women in case of marital discord or misfortune, allowing them to rebuild their lives without financial dependence on others.
Legal significance of stridhan
The legal significance of stridhan in India is significant. The Hindu Succession Act, 1956, grants women absolute ownership of their stridhan. They have the complete right to possess, enjoy, and dispose of it as they see fit, without any restrictions or consent from others. This includes the right to sell, mortgage, or gift their stridhan.
Stridhan also forms a separate inheritance line and devolves to the woman’s heirs, independent of her husband’s or other familial inheritance. This means that women can pass their stridhan on to their daughters, granddaughters, or other female relatives.
Challenges
In some cases, women may be pressured to give up their stridhan to their husbands or in-laws. This can be a form of domestic violence or financial abuse.In addition, stridhan can be difficult to recover in case of marital discord or divorce. This is because stridhan is often considered to be a marital asset, which may be subject to division in a divorce settlement.
Stridhan and dowry
Stridhan and dowry are two different concepts which sometimes used interchangeably. Dowry is defined in domestic law as any property or valued security given or agreed to be given by the bride’s family to the bridegroom’s family prior to, after, or during the marriage. The main distinction between ‘dowry’ and ‘Stridhan’ is that the dowry involves “demand, undue influence, or force,” and the stridhan does not.
Stridhan is a gift given to women voluntarily, rather than as a result of duress, improper persuasion, or force. The distinction between Stridhan and Dowry has been established by Indian courts. The fundamental reason for this distinction is that if a future marriage fails, the lady will be able to collect the possessions she has as a stridhan and the dowry will not recovered.
The Supreme Court distinguished between dowry and Stridhan after witnessing the anguish of an estranged woman in the case of Pratibha Rani v. Suraj Kumar (1985)[1]. It was agreed that the lady would be the sole owner of her Stridhan and could use it however she chose. While the spouse had no right or interest in the Stridhan under normal circumstances, it was decided that he might use it in times of great sadness and had to return it when he was able.
The Protection of Women Domestic violence Act of 2005, Section 12, protects a woman’s right to her Stridhan if she is a victim of domestic violence. The clause can be easily used to regain such a Stridhan. According to Section 18(ii) of the Act, a woman has the right to own the Stridhan in the form of jewellery, clothing, and other relevant items.
Conclusion
Stridhan is a traditional Hindu custom with the potential to empower women and promote gender equality. While there are challenges to ensuring the effective implementation of stridhan laws, it is a valuable tool for promoting women’s rights and well-being.
References :
- Hindu Succession Act, 1956
- Hindu Marriage Act, 1955
- Domestic Abuse Act of 2005,
- This article was originally written by JHARKHAND STATE LEGAL SERVICES AUTHORITY and published on Know your Law website. The link for the same is herein
https://ijtr.nic.in/family%20matters/11%20Pamphlet%20Streedhan.pdf
- This article was originally written by Law notes and published on law notes website. The link for the same is herein
- This article was originally written by Debarati Halder and K. Jaishankar and published on jstor website. The link for the same is herein.
- This article was originally written by legal service India published on website legal service india. The link herein.
https://www.legalserviceindia.com/legal/article-8303-women-s-property-stridhan.html#google_vignette
- This article was originally written by Oishika Banerji published on ipleaders website. Link herein.
https://blog.ipleaders.in/womens-property-under-hindu-law-an-overview/#Introduction