INTRODUCTION
Due to financial uncertainty, women’s conditions are especially precarious in patriarchal cultures, making the right to property crucial. Since ancient times, Hindu women have had limited legal rights to inherit property in Indian society. In modern patriarchal communities, Hindu women are denied the legal right to inherit their inherited and marital property. ‘Stridhan’ was the only item they were eligible to obtain as property. With the creation of numerous schools, the condition of women was improved, and she was given additional privileges in some areas.[1] As time went on, various laws were passed, removing obstacles and fostering a trend toward greater equality in the area of Hindu women’s property rights.
When there are no male heirs left in the family after the death of the last male the property and its rights pass on to the female of the family. Women did not have the right to property before the enactment of the Hindu Women’s Right to Property Act, of 1937.[2] This cause was understood by Indians Pre-Independence that there is a need to protect women after the death of their father husband, brother, or son, so they are not dependent on another person and can live a life with dignity without being ostracised from society. Even long after the abolition of sati, less difference was seen in treating widowed women. Giving rise to the passing of such property is known as Widow’s property or Woman’s estate.[3]
Such transfer of rights in property is bifurcated based on ownership, one being absolute ownership and the other being limited ownership. Any property acquired by a female that has been in her possession shall be known as absolute property or stridhan or women’s estate. The term stridhan is the conjunction between the words ‘stri’ and ‘dhan’,[4] the former meaning women and the latter meaning property, which simply implies a woman has an absolute right and ownership over the property. Stridhan doesn’t specifically categorize property, however, includes all that property over which she can possess a) absolute ownership, and b) that shall be inherited by her successors.[5]
STRIDHAN: LEGAL PERSPECTIVE
There is a thin line of difference between stridhan and women’s estates, Firstly, there prevails an absolute right to transfer ownership in stridhan but in the case of women’s estate, it is a limited right to transfer the ownership. Secondly, in case of the death of the female, the property passes only to reversioners in case of the woman’s estate. In the case of stridhan property passes on to the woman’s descendants in case of her death.[6]
The historical pretexts suggest various ideologies about stridhan. Manusmriti doesn’t favour women holding property. The same contention is supported by Gautam and it was said that women can hold separate property, and she has no right to alienate them. Yagyanavalkya written by Vijineshwara provides a list of properties that shall be considered as stridhan which includes property acquired through gift, sale, and partition. It was first propounded in Katyayana that ‘anything given through art or gift and received when unmarried and the same being carried by the bride to her marital home and carried on even in her widowhood is known as stridhan’.[7]
CASE LAWS:
Apart from what was mentioned in the Smritikars and Commentaries, judicial decisions also play an essential role in interpreting ‘What is modern-day stridhan?’ The court’s response in the affirmative is cited as follows:
- In Balwant Rao V. Baji Rao[8] it was held by the court that any property received through inheritance shall be termed as stridhan only on condition that it is given from the bride’s family and not from her husband’s home.
- A property received by the daughter from her mother (being her stridhan) is not considered a stridhan. This is because the mother receives the property as a stridhan herself and she doesn’t have the right to pass it on to her successor because it shall be reverted to the heirs of her family as held in Shivshanker V. Devi.[9]
- As held in Brij Inder Singh V. Janki Kunwar[10]; and in Laxman V. Kalicharan[11] any kind of income or earnings obtained from the stridhan property or savings of any sort arising from the same falls under the head of stridhan.
According to Section 14 of the Hindu Succession Act, of 1956 (hereinafter referred to as HSA 1956), ‘Property of a female Hindu to be her absolute property ’ This section provides that every property that is in the possession of the Hindu female during the enforcement of this Act is whether acquired prior or post the death of the husband shall be her absolute property[12]. Similarly, Section 15 of the HSA 1956 states ‘General rules of succession in case of female Hindus’ which elaborates on when the female dies intestate then the stridhan delves as follows[13]: firstly upon sons and daughters, secondly upon heirs of the husband, thirdly upon father and mother, fourthly upon the heirs of father, and fifthly upon the heirs of the mother.
In Vinod Kumar Sethi V. Punjab State[14] it was stated by the Punjab High Court that anything received by a bride even as a gift shall fall under the category of Stridhan. The court also noted the below-mentioned three are exclusively known to be stridhan:
- Items that are given to the bride for her personal use;
- Items that are given to the bride for her and her husband’s use jointly;
- Items are given to the bride for her husband’s and her in-law’s use.
Note that in case of dissolution of the marriage, she can take back all property that she took to her marital home as a stridhan.[15] This view of the Punjab High Court was criticized as it was tantamount to being regarded as dowry and this didn’t make any difference from dowry and stridhan[16]. To bring more certainty or clarity the Bombay High Court held in the case of Ashok Laxman Kale V. Ujwala Ashok Kale[17] that the expenses incurred at the time of marriage, dowry, and other amounts don’t amount to stridhan.
CONCLUSION
The right of women over stridhan can be understood in three stages of a woman’s life one when she is unmarried, two in marriage, and three during widowhood. A woman can dispose of the property acquired during her unmarried days voluntarily. In this case, if she is a minor there arises incompetency in disposing of the property. A woman during her marriage or at the time of her marriage carries property passed as stridhan. She has the right to alienate this property or dispose of this according to her discretion.[18] A husband can never dispose of the stridhan of the wife without her permission unless there arises an exceptional condition. During the widowhood of the wife she has an absolute as well as an unrestricted right to alienate the property, irrespective of the fact that it was acquired be it before or after the death of the husband.
The effective enforcement of women’s property rights is still a goal in modern India. To close the gap between legal requirements and societal realities, awareness-raising efforts, legal aid, and women’s empowerment programs are being launched. These initiatives aim to improve the social status of women overall while also empowering them economically and reducing their reliance on male relatives. From the traditional idea of stridhan to the current legal framework, the development of women’s property rights in India illustrates a culture that strives for gender equality and women’s empowerment. Although much has been accomplished, more has to be done to address problems, assure successful implementation, and foster an environment where women can exercise their property rights without interference.
Author(s) Name: Nawvi K (Alliance School of Law, Alliance University, Bangalore)
References:
[1] Khan, Akhilesh Kumar, “Right of Inheritance of Hindu Women in ancient India: Analysis of” Stridhan” in Ancient Hindu Texts.” (2021)
[2] Divya Singh, “Feminist Justice by Way of Women’s Rights to Property: An Indian Approach After Independence.” (2021) Pp. 7-8
[3] Ibid Pp. 7
[4] Kaur, Roop Kamal, “Dowry and women convicts.” (2012), Pp 53-69.
[5] Ibid
[6] Dr. U.P.D. Kesari, Modern Hindu Law Incorporating Personal Laws (Amendment) Act, 2019 (Act No. 6 of 2019), twelfth edition 2020, Central Law Publications, pp 477-479
[7] Ibid
[8] Balwant Rao V. Baji Rao (1920) 7 IA 213
[9] Shivshanker V. Devi 25 Alld. 468..
[10] Brij Inder Singh V. Janki Kunwar 5 IA 1
[11] Laxman V. Kalicharan (1873) 19 WR 292 PC
[12] Dalal, Seema, “Ownership of property by a Hindu Female: An overview.” (2017) Pp. 18-24
[13] Halder, Debarati, and Karupannan Jaishankar, “Property rights of Hindu women: A feminist review of succession laws of ancient, medieval, and modern India.” (2008), Pp 663-687.
[14] Vinod Kumar Sethi V. Punjab State AIR 1982 Punj 372
[15] Sarda, Mukund. “Claim of Stridhan Property and Limitation Period: A Study.” (2016) Pp. 1, 2
[16] Pratibha Rani V. Suraj Kumar, AIR 1985 SC 628
[17] Ashok Laxman Kale V. Ujwala Ashok Kale AIR 2007 Bom. 1093 (NOC)
[18] Dalal, Seema, “Ownership of property by a Hindu Female: An overview.” (2017) Pp. 18-24
