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Women’s Property[1]

Table of Contents

QUESTION BANK

Q.1 Define ‘Stridhana’. Explain the sources of ‘Stridhana’ and rights and powers of female in respect of the same.

Q.2 What are the sources of Stridhan? Discuss the rights of a woman over Stridnaha under Hindu Law?.

Q.3 What is ‘Stridhan’? Explain characteristics of it.

Q.4. Explain the concept of Stridhan and discuss sources of it.

Q.5 What is ‘Stridhan? How Hindu female can acquire the property.

SHORT NOTES

Q.1 Debutter property.

Q.2 Devolution of Stridhan.

SYNOPSIS

Introduction-
‘Stridhana’-
a) Meaning of Stridhana–
b) Sources of Stridhana–
c) Right of women over Stridhana–

(i) Power of alienation-

(ii) Succession of Stridhana–

Women’s Estate[2]–
a) Meaning of Women’s Estate-
b) Sources of Women’s Estate-
c) Features of women’s estate-
d) Right as to Women’s Estate-

III. Difference between ‘Stridhana’ and Women’s Estate-

(i) As to Sources-

(ii) As to disposal-

(iii) As to Succession-

Distinction between ‘Stridhan’ and ‘Women’s Estate’ is removed-

I. Introduction:-

The property owned by a Hindu Woman was divided into two kinds, viz- (a) Stridhana, (b) Woman’s Estate. ‘Stridhana[3]’ was the property of which a woman was the absolute owner, whereas ‘Woman’s Estate’ was the property of which a woman was not the absolute owner.

The division between ‘Stridhana’ and ‘Women’s Estate’ was wiped out by the passing of the Hindu Succession Act, 1956. S. 14 of the Act has made a woman an absolute owner of any property to which she belongs. There is no difference between ‘Stridhan’ and ‘Woman’s Estate’; there is ‘Woman’s property’ upon which a woman has absolute ownership.

However, for the sake of study, we will discuss the above concepts-

II. ‘Stridhana’:-

a) Meaning of Stridhana:-

The term ‘Stridhana’ first appeared in Smritis and the Dharmasutra of Gautama. It is the conjunction of two words: ‘Stri’ means ‘woman’ and ‘Dhana’ means property; thus, ‘Stridhana’ means the property over which a woman has absolute ownership.

According to modern Hindu law, ‘Stridhana’ does not represent any specific property but includes all the properties of a woman over which she has absolute ownership.

b) Sources of Stridhana:-

Following are some of the sources from which ‘Stridhana’ is acquired viz-

(i) Gift and bequest from relatives like father, mother, husband and brother.

(ii) gifts and bequests from strangers.

(iii) property acquired by self-exertion and mechanical arts.

(iv) Property purchased with stridhana.

(v) Gift given by the husband while performing a second marriage.

(vi) Property obtained by adverse possession.

(vii) Property obtained in lieu of maintenance.

Thus, from the above sources, we may say that the ‘Stridhana’ is usually a movable property comprising golden ornaments, etc.

c) Right of women over Stridhana:-

(i) Power of alienation:-

The woman is the absolute owner of Stridhana; therefore, she can alienate or dispose of the property at her pleasure. However, a married woman requires a husband’s permission for the alienation of certain properties, but a widow or unmarried woman needs no permission from anybody to alienate Stridhana.

(ii) Succession of Stridhana:-

At the women’s death, Stridhana devolves on her own heirs and does not revert to her husband’s heirs, e.g. if a Woman dies leaving golden ornaments and is survived by a married daughter and a nephew, the ornaments pass to her daughter and not to the nephew.

II. Women’s Estate[4]:-

a) Meaning of Women’s Estate:-

Women’s estate may aptly be called ‘Women’s Limited Estate’ because a woman has no absolute right over this property but has limited or qualified rights. In other words, her right to the disposition of property is restricted.

b) Sources of Women’s Estate:-

The sources of a woman’s estate are as follows-

(i) Property obtained by inheritance.

(ii) Property obtained on the partition.

Thus, the above sources suggest that the ‘Women’s Estate’ is usually an immovable property.

c) Features of women’s estate:-

She owns the property in the same way as any other owner, but with two limitations, viz. (i) She cannot ordinarily dispose of the property, and (ii) on her death, it devolves upon the next heirs of the last full owner. In other words, the property reverts back to its last owner or his heirs on her death.

d) Right as to Women’s Estate:-

As discussed earlier, she has an absolute right as a full owner to enjoy and manage her property; however, her right to dispose of it is restricted. In other words, she cannot dispose of her property as per her will but has the right to enjoy it.

III. Difference between ‘Stridhana’ and Women’s Estate:-

There are the following differences between ‘Stridhana’ and ‘Women’s Estate’-

(i) As to Sources:-

The Sources of ‘Stridhana’ and ‘Women’s Estate’ are different, as mentioned above.

(ii) As to disposal:-

As has already been discussed, a woman can alienate or dispose of ‘Stridhana’ as to her will; however, she cannot dispose of ‘Limited Estate’ or ‘Woman’s Estate’.

(iii) As to Succession:-

On the woman’s death, Stridhana devolves to her own heirs and does not revert to her husband’s heirs. Whereas on her death, the property reverts back to its last owner or his heirs; for e.g. if a Woman dies leaving land acquired by her in the partition from her husband’s ancestors and survived by a married daughter and a nephew, the land shall pass not to her daughter but the nephew. This is because the property reverts back to its source and devolves to the heirs of the last holder. It is called ‘reversion of property’.

IV. Distinction between ‘Stridhan’ and ‘Women’s Estate’ is removed:-

14 of the Hindu Succession Act 1956 has removed the difference between ‘Stridhana’ and ‘Women’s Estate’. The concept of the limited estate is abolished. Any property acquired by Hindu women is her absolute property; she can dispose of it as per her wishes, and upon her death, it passes to her legal heirs. Now, both of these properties are known as ‘Women’s Property’[5].

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[1] महीलांची संपत्ती [ महिलाओं का धन]

[2] महीलेची मर्यादीत मिळकत [ महिलाओं की सीमित आय]

[3] स्त्रीधन [ स्त्रीधन:]

[4]महीलेची मर्यादीत मिळकत [ महिलाओं की सीमित आय]

[5] महीलेची संपत्ती / मिळकत [ संपत्ति / महिला की आय]