Stridhan under Hindu Law: Meaning, Sources, Types and Characteristics | Hindu succession act 1956 notes
Introduction
▶According to ancient Hindu law, women had no ownership rights over property. The preservation of a woman's right was vital. Hindu joint families were responsible for maintenance, which is why three old women were the only ones to receive a portion during partition, and that only if their stridhan was not awarded to them for maintenance.
▶These three women were father’s wife, widow mother, paternal grandmother but the property which was given to them was only for maintenance purposes. The property they received for maintenance could not be alienated by any of the women. Since the majority of people in India are Hindus and right to equality was established as the cornerstone of the Constitution when it was drafted.
▶The constitutional ideals of equality would be nullified if the ancient Hindu law of succession was permitted to remain in its current form. Consequently, the primary goal of Hindu codified law was to grant the Hindu woman the ownership right, enabling her to possess and dispose of property at her discretion.
▶In the landmark decision in Bai Vajia v. Thakorabhai Chelabhai, the court determined that section 14 of the Hindu succession law was intended to recognize success equality and to push women up from the mercy of males to a position where they became the sole owners of their lands. The Indian Hindu law's artificial restrictions, which restricted their property rights and placed them under complete male dominion, were lifted.
▶In ancient Hindu society, before the advent of Section 14 of Hindu Succession Act, 1956, there was the concept of ‘Stridhan’. ‘Stridhan’ is derived from 'stri’ (woman) and 'dhan’ (property). In this way, etymologically means woman's property. It is the property over which a woman has got absolute power of disposal.
Stridhan in ancient hindu society
▶According to Vijnaneshwara following properties are ‘Stridhan’ –
1. What was given by the father, mother, husband and brother, and
2. What was presented by the maternal uncle and the rest at the time of wedding, and
3. A gift on a second marriage or gratuity on account of supersession, and
4. Property obtained by inheritance, purchase, partition, seizure, finding
▶However, according to Dayabhaga law, that alone is stridhana which a woman has power to give, sell or use independently of her husband's control. Property inherited by woman on partition, gifts from strangers, property acquired by her by mechanica arts and gifts of immovable property by her husband is not Stridhana according to Dayabbaga.
▶Katyayana has divided stridhana into -
(a)Saudayik stridhan: In this kind of stridhan, the woman has absolute power over the property which she has obtained from her husband or parents or relatives of husband or of father.
(b)Non-Saudayik stridhan: All other kind of property of female is her non-saudayik stridhan over which she had no power to dispose of without her husband's consent. After his death, she again becomes full owner of the property.
1. What was given by the father, mother, husband and brother, and
2. What was presented by the maternal uncle and the rest at the time of wedding, and
3. A gift on a second marriage or gratuity on account of supersession, and
4. Property obtained by inheritance, purchase, partition, seizure, finding
▶However, according to Dayabhaga law, that alone is stridhana which a woman has power to give, sell or use independently of her husband's control. Property inherited by woman on partition, gifts from strangers, property acquired by her by mechanica arts and gifts of immovable property by her husband is not Stridhana according to Dayabbaga.
▶Katyayana has divided stridhana into -
(a)Saudayik stridhan: In this kind of stridhan, the woman has absolute power over the property which she has obtained from her husband or parents or relatives of husband or of father.
(b)Non-Saudayik stridhan: All other kind of property of female is her non-saudayik stridhan over which she had no power to dispose of without her husband's consent. After his death, she again becomes full owner of the property.
Sources and Characteristics
▶The following are considered to the sources of ‘stridhan’ -1. Gift and bequests from relations.
2. Gifts and bequests from strangers.
3. Property acquired by self-exertion and mechanical arts.
4. Property purchased with stridhan.
5. Property acquired by compromise.
6. Property obtained by adverse possession.
7. Property obtained in lieu of maintenance.
8. Property obtained by inheritance.
9. Share obtained on partition.
▶Characteristic features of Stridhan -
1. It is the absolute property of a woman and she may dispose it of at her pleasure.
2. On the death of the woman, her stridhan property devolves upon her own heirs. She constitutes a fresh and independent stock of decent.
Download this Notes PDF
Download This ☝ Notes PDF
--------------------------------------------
💡PYQs on this topic :
Q. What is meant by "Stridhan"?
Q. According to Vijnaneshwara, which properties are "Stridhan"?
Q. Classification of "Stridhan", as per Katyayana ?
Q. What are the sources of "Stridhan"?
Q. Hindu succession act 1956 notes
--------------------------------------------
YouTube Channel