This Article has been written by Ms. Racherla Sai Lakshmi Mallika, a II year law student of SPMVV, Tirupathi.
INTRODUCTION
One of the reason behind making a law is deprived of people rights. As like, women were deprived their rights and the concept of Stridhan came into existed. The concept of Stridhan is not a modern one, it was existed from ancient times onwards and was mentioned in Yagnavalkya smriti and Manusmriti. Coming to modern era, some of the people argued in the legislature that, the property should not be given to women because according to them, women could not manage or control the property. Even though the concept of Stridhan was mentioned in Smritikas, people did not bind to rules and regulations and it has not been implemented accordingly. Because there have been no strict laws.
As a result, Hindu woman’s right to property act was introduced in the year of 1937, it was solely deals with rights of widows. The above legislation had no effect on the status of a daughter’s inheritance. So, this act took out a lot of censure so, the legislature determined to make a powerful legislation to safeguard woman’s property rights and the Hindu Succession Act of 1956 was approved.
UNDERSTANDING THE MEANING OF STRIDHAN
According to smritis:
The smritis describe “STRIDHAN” as the property of female that she obtained as gift from her kin, which mainly contained of movable property. Throughout both the bridal parade and wedding ceremony. Stridhan is said to be bringing gifts provided by wedding guests and relatives.
Stridhan and Woman’s estate:
Throughout ancient India, Hindu women property rights had gone through the consequential modifications where as in some cases sharing property for women was very smaller or less then that of their male counter parts. The property acquired by women were known as Stridhan, the source for which was the gifts obtained from marriage ceremony like ornaments, clothes and ancestral properties given to a woman during the ceremony. However, the rights of women over property were divested to ancestral property with a restricted share of succession of landed family property. The disclosure of Hindu Succession Act, 1956 has destroyed these patriarchal norms by providing absolute power to the ownership of property.
Women estate provided limited rights and ownership of the women over property, which was persuade till 1956 but was abrogated by the section 14 of the Hindu Succession Act of 1956, by conferring the complete ownership of rights over property to women. The section 14(1) of Hindu Succession Act, 1956 specifically states that any property owned by a female Hindu, whether acquire before or after the commencement of this act, shall be held by her as full owner thereof and not as a restricted owner.
In Punithavalli V. Ramalingam, the apex court said that, a Hindu woman who held property under section 14(1) is complete and not defensible and the scope of this property cannot be limited or restricted by any text or rule under the statue. However, the court ruled that, the Hindu woman is deemed to be the sole owner of the property, whether property obtained before or after the commencement of the act.
Enlargement of limited estate of women into their absolute estate:
Provisions relating to Hindu women right to property under Hindu Succession Act, 1956.
Section 14 of the Hindu Succession Act, 1956 provided that:
“Property of the female Hindu to be her absolute property.”
- Any property possessed by a female Hindu, whether acquired before or after the commencement of this act, shall be held by her as full owner thereof and not as a limited owner.
- Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or order an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.
SALIENT FEATURES OF STRIDHAN
The salient features of Stridhan can be described as under:
- The test as to whether it is Stridhan
- Succession
- Power of alienation
- The test as to whether it is Stridhan:
A Hindu female can obtain the property from different sources but every such property cannot be called as Stridhan. A property constitutes Stridhan, depends upon the following factors:
- Sources of acquiring property
- The status of female at the time of acquiring the property i.e., maidenhood, married status or widowhood.
- The school which she belonged.
- Succession:
A new order of heirs was provided under law which included her own heir upon whom Stridhan devolved after the death of the female. This rule does not apply to the succession of woman’s estate. But now under The Hindu Succession Act, 1956 the distinction between the two categories of property have been abolished and uniform rule of succession has been provided with respect to Stridhan.
- Power of alienation:
A Hindu female possessed absolute ownership over Stridhan. Hence, she had absolute right of alienation of such property.
ENUMERATIONS OF STRIDHAN
The following sources fall under the expression of Stridhan.
- Gifts received from relatives.
- Gifts and bequests received from strangers during marriage.
- Property obtained in partition.
- Property got in lien of maintenance.
- Property acquired by inheritance.
- Property acquired by compromise.
- Property acquired by adverse possession.
- Property purchased with the earnings of the Stridhan or with savings of income from Stridhan.
- Property acquired lawfully from sources other than those mentioned above.
KINDS OF STRIDHAN
- Adhuyagni
Gifts given at the time of nuptial fire.
- Adhyavaharika
Gifts given to bride while going to her husband’s house.
- Pritidatta
Gifts given to the daughter-in-law by mother and father-in-law out of love and affection.
- Patidatta
Gifts given to her by husband.
- Padvannadunika
Gifts given by the elders while wishing them and paying them respect.
- Anvadhyeyaka
Gifts received from husband after her marriage.
- Adhivedanika
Gifts given to first wife when the second wife was brought.
- Shulk
Money received from marriage.
- Bandhudatta
Gifts given by relatives of mother and father.
- Vritti
Money given for maintenance.
- Yavtaka
When the bride and groom sat together after marriage and received gifts.
- Ayavtaka
Those which not comes under Yavtaka category.
- Savduyika and Asavduyila
The properties which are received by a woman from her husband, father or at husband’s or fathers house known as Katyayana. It was categorized into two:
- Saudayika
- Asaudayika
Women has absolute right over all the Saudayika properties, over Asaudayika Stridhan the husband too has the right of ownership.
- Paribhashit and Aparibhashit
Technical Stridhan – Mayukha law divides the Stridhan into Paribhashit and Aparibhashit categories. The Paribhashit one is given to the women before fire or at the time of her departure for husband’s home. Other properties given to her fall under Aparibhashik category.
RIGHTS OF WOMEN OVER STRIDHAN
The female enjoys absolute ownership over her Stridhan property both movable and immovable property. The female has absolute power to alienate property during her lifetime and thereafter. Even the husband and none of the family members including Kartha has no control and authority over Stridhan.
POWERS OF WOMEN OVER STRIDHAN
The following are the powers of female over Stridhan:
- Power of management
- Power of alienation
- Power to relinquish
- Power of management:
Under this power, the powers to manage Stridhan totally empowered with that woman, she is the sole owner, she is considered as higher to the family including Kartha in joint family. She has not only absolute ownership over possession and maintenance but also freedom to spend and invest on earnings on her direction.
- Power of alienation:
Under this power, the women can alienate property under the following circumstances:
- Legal necessity
- Benefit of estate
- For indispensable religious duties
- Power to relinquish:
Relinquishment means capitulate of the properties by the female owner. It can be on the basis of undertaken and voluntary by a woman throughout her lifetime or immediately after death.
JUDICIAL TRENDS
- Vinod Kumar Sethi V. Punjab State
In this case, the Punjab High Court has given an important decision with respect to Stridhan. According to this court, whatever has been received by a bride in marriage or whatever has been gifted to her false under Stridhan. The court divided the gifts and dowry given to her under three heads. First, those items which are given to the bride for her exclusive use; secondly, those which are to be used by her and her husband jointly and thirdly, those which are to be used by her husband and in-laws over the first category she has exclusive right and she is the exclusive owner thereof over those coming under second category. The court’s view was, both the spouses have the right to use it will not extinguish the right of ownership of the wife even then. Incase the marriage breaks or the marriage is dissolved then too the wife has the right to get back those items and she can keep them in her exclusive possession.
- Prathibha Rani V. Suraj Kumar
Mrs. Prathibha who had been married according to all Hindu customs and during her marriage. The husband and in-laws had dowry from her parents. This demand was recognized and a dowry worth Rs. 60,000/- was given in the form of Jewellery. As a part of Stridhan, the suspect refused to return it. The supreme court disagreed with the decision of Punjab High Court and whatever gifts, presentations and dowry are given to woman in marriage would be regarded as her absolute property.
The apex court has observed in this case that Stridhan property of a married woman, even if it is in protection of her husband or in-laws, those would be considered as trustees and if the woman commands it to return, they should return. Otherwise, it would be guilty of offence under section 405 and 406 of IPC.
CONCLUSION
The ratification of Hindu Succession Act is an initial step to strengthen the property rights of Hindu women. Through this act, women were provided those rights which are denied from centuries. It is the forward step to safeguard the rights of women and abolished woman’s discrimination to acquire property and being act as absolute owner.
Prior, the woman’s power is limited to dispose of her property without her husband consent, but all these restrictions that were ordered by the archaic laws were removed by the enactment of the Hindu Succession Act, 1956. The Hindu succession act has ordered that a woman will be the absolute owner whether property is movable or immovable and the property acquired by women before or after the commencement of this act she will be the absolute owner.
REFERENCES
- The Hindu Succession Act, 1956
Family Law by Paras Diwan
- Family Law by S.R. Myneni
- AIR 1985 SC 628
- AIR 1982 PH 372
- AIR 1970 SCR (3)894