Study Material on Hindu Law- Unit- III

Class- B.A.LL.B, VIth semester

Teacher- Shagufta Yasmin

Stridhana
Introduction.—Property which may be owned by a Hindu woman is divisible into two kinds,
namely-
1) Property of which she is the absolute owner, and
2) Property of which she is the limited owner.
The former Hindu Succession Act, 1956, has now conferred absolute ownership to the Hindu
woman in respect of the property possessed by her at the time of commencement of the Act
whether such property was acquired before or after the enforcement of the Act. The Act has, in
woman's estate and has prescribed an uniform rule of succession is spoken of as her Stridhana
and the latter "woman's estate." The fact, now removed the different order of succession
regarding Stridhana and woman’s estate and has prescribed an uniform rule of succession.
Meaning of Stridhana-The word Stridhana is derived from Stri (woman) and dhana (property).
In this way Stridhana etymologically means woman's property. It is used, however, in different
senses in different Schools and it has a technical meaning.
Stridhana means has got absolute power of disposal. Such properties are, therefore,
fundamentally different from the other kinds of property held by a woman which are known as
her woman's property, that is to say, properties over which a womanestate.
There are two principal points of difference between Stridhana and woman's estate
(1) In the case of a woman's estate the female owner has a limited power of disposal, her
right of alienation being circumscribed by legal necessity or benefit of estate. In the case
of Stridhana however, it being her absolute property she can dispose it of at her will.
(2) In the case of a woman's estate, on the death of the female owner, the property passes not
to her heirs, but to the heirs of the last male-holder; but in the case of a Stridhana the
property passes to her own heirs as laid down under the Hindu Law.
Definition. The meaning of Stridhana according to –
(1) The Smriti writers;
(2) The commentaries; and
(3) Judicial decisions;

1. 'Stridhana' according to Manu Smriti.-A text of Manu states that a wife, a son and a
slave can have no property and that the wealth which they can is acquired for them to
whom they belong. This did not mean that they could not own the property, but as
 explained by Manu's commentators, they could not dispose of their property
independently. The view receives support from Gautam who distinctly admits the right of
a woman to hold separate property and provides for its succession. The principal
definition of Manu speaks: "What was given before the nuptial fire (adhyagmi). what was
given at a bridal procession (adhyavahanika), what was given in token of love
(dattampritikarmain) and what was received from a brother, a mother a father, are
considered as "gifts from the husband'.
The text of Yajnavalkya is: What was given to a woman by the father, mother, her husband or her
brother, or received by her at nuptial fire or presented on her supersession (adhivedanika), and
the like (adi) is denominated woman's property. Vijnaneshwara explains that the term ‘adi’
includes "property which she may have acquired by inheritance, purchase, partition, seizure and
finding".
Katyayana added two more items in the definition of Stridhana:
• Gains of art.
• Gifts from strangers either during maidenhood or at the bridal procession during
widowhood, but not during coverture.
The six-fold property of a woman". Narada adds one more kind of Stridhana and that is

2. Stridhana, according to commentaries.-There are two important commentaries:

(a) TheMitakshara by Vijnaneshwara, and (b) the Dayabhaga by Jimutavahana.
a. Mitakshara.--According to Vijnaneshwara
1. What was given-
i. by the father,
ii. by the mother,
iii. by the husband,
iv. by the brother, and

2. What was presented-

i. by the maternal uncle, and
ii. the rest at the time of the wedding before the nuptial fire, and
3. i. gift on a second marriage,
ii. Gratuity on account of supersession, and as indicated by the words “and the rest” (adya)
4. Property obtained by-
i. Inheritance,
ii. Purchase,
iii. partition,
iv. seizure i.e., adverse possession, and
v. finding
 b. Dayabhaga-Dayabhaga of Jimutavahana is the loading authority of the Bengal
School. It defines a Stridhana thus: "That alone is Stridhana which a woman has
power to give, sell or use independently of her husband's control."

Dayabhaga divides Stridhana for purposes of the succession into three classes:

1. The yautaka. - It consists of gifts "given in presence of the nuptial fire".

The High Court of Calcutta had held that this is only a term to signify all gifts
during the continuance of the marriage ceremonies.

2. The Anvadheyaka or gifts and bequests made by the father subsequent to

marriage.

3. The ayautaka. - It includes not only gifts and bequests made by relations
including the father before the marriage but also gifts and bequests made by
relations other than the father after marriage.
Property inherited by a woman, property obtained by her on partition, gifts, from strangers,
property acquired by her by mechanical arts and gifts of the immovable property made by the
husband are not Stridhana according to Dayabhaga.

3.'Stridhana'according to judicial decisions.-We will discuss this heading under two sub-
headings:

1) Property inherited by a woman.-According to Privy Council the property inherited by a

woman whether from a male, or from female does not constitute her Stridhana in any
case. But in Bombay, inherited property Stridhana except where it is inherited from a
male into whose family she has entered by marriage as held in Balwant Rao V. Baji Rao.

2) Share obtained by a widow on partition.- The share obtained by a widow on partition

of the joint family property is, according to Privy Council, not her Stridhana even under
Mitakshara Law and it passed on her death to the next heirs of her husband, in the
absence of any agreement to the contrary.

3) Property given in lieu of maintenance, either periodically or in a lump sum, all arrears
of maintenance, and property transferred absolutely as gift in lieu of maintenance is
Stridhana.

4) Property which given as a gift to a woman by her parents and their relations during
maidenhood, coverture or widowhood is Stridhana.

5) Property acquired by a Hindu woman, cut her during maidenhood or coverture, by

mechanical arts or otherwise by her own exertions, is Stridhana.
 6) Property acquired by a Hindu woman by adverse possession or purchased with her
Stridhana is Stridhana.
Special features of Stridhana.-The principal features of Stridhana:

1.Tests of finding the Stridhana property. - A Hindu female may acquire property
from various sources. But all property acquired by her is not Stridhana. Whether a particular
kind of property is Stridhana or not depends on:

(1) the source from which the property was acquired;

(2) woman's status at the time of acquisition, i.e. whether she acquired it
during maidenhood, coverture, or widowhood and lastly,
(3) The School to which she belongs.

2. Succession. - In respect of Stridhana property, the woman forms a fresh stock of

descent and such property devolved on her death to her own heirs. In case of
widow's estate it was not so.
3. Power of alienation.-Stridhana is such a property of a female Hindu of which she
is the absolute owner and which she may dispose of at her pleasure, if not in all
cases during coverture, in all cases during widowhood. This was not the case with
woman's estate.

Section 14 of Hindu Succession Act, 1956, has now conferred absolute ownership on woman in
respect of all the properties possessed by her before the commencement of the Act or after its
commencement. Thus she has now got the full power of disposition over all kinds of her
properties.

Sources of woman's properties.-Following are the sources by which Hindu female may acquire
property-
(1) Gifts and bequests from relations is Stridhana.
(2) Gifts and bequests from strangers during maidenhood is Stridhana.
(3) Property obtained on partition is Stridhana.
(4) Property given in lieu of maintenance is Stridhana.
(5) Property acquired by inheritance is Stridhana according to Dayabhaga, Benaras, Mithila
and Madras Schools.
(6) Property acquired by mechanical arts is Stridhana.
(7) Property obtained by compromise is or is not Stridhana depends upon the terms of
compromise.
(8) Property acquired by adverse possession is Stridhana.
(9) Property purchased with Stridhana or with savings of income of Stridhana is Stridhana.
 (10) Whether property acquired from sources other than those mentioned or is not
Stridhana will be determined by the school concerned.
Kinds of Stridhana and their characteristics.
According to Dayabhaga there are following two kinds of Stridhana:-
(1) Yautaka. - Etymologically this term means, whatever is given at the time marriage to the
on the same seat. Thus, Yautaka, means all gifts made to the bride during the marriage
whileseated together with her husband.
(2) Ayautaka. - Property which is not Yautaka is Ayautaka. The Ayautaka includes not only
gifts and bequests made by father and other relations before marriage, it also consists of
gifts and bequests made to a woman by relations other than the father after marriage.

According to Mitakshara, the property may be:

(1) Saudayika Stridhana.-Whatever is obtained by a married or unmarried girl, from the
husband, or parents, at the husband's or father's place, is called Saudayika. Katyayana
divides Stridhana into Sandayika and non-Saudayika with reference to a woman's
independent power of disposal over it. Sandayika of all sorts is absolutely at her disposal
and she may spend, sell, devise or give it away at her own pleasure. Her husband can
neither control her in the dealings with it nor use it for himself except in case of extreme
distress.

(2) Non-Saudayika. - All other kinds of Stridhana is non-Saudayika. A woman had no

power to dispose of non-Saudayika Stridhana property during coverture without the
husband's consent. It was subject to husband's dominion and he was entitled to use it at
his pleasure even if there was no distress.

Mayukha law divides Stridhana into (1) Paribhasika i.e. Technical, and (2) Non-technical.
Technical Stridhana comprises of gifts and bequests from (i) relations at any time and (ii)
strangers made before the nuptial fire or bridal procession.
• Non-technical-Or improper Stridhana i.e. other kind of property belonging to a woman.
• Adhivedanika. - Yajnavalkya lays down : To a woman whose husband marries a second
wife, let him give an equal sum as compensation for the supersession provided no
separate property has been bestowed on her, but if any had been assigned, let him allot
half'. It is not unusual for a husband about to marry a second wife to make present to his
first wife and if he does so, the property so presented becomes her Stridhana.

Rights of a woman over her Stridhana.-The rights of a woman over her Stridhana differ
according to the status of a woman as to whether she was a maiden, a married woman or a
widow.
 a) Maiden property.-During maidenhood. - A Hindu female could dispose of her Stridhana
of every description at her pleasure.
b) During Coverture. - The power of a woman to dispose of a Stridhana during coverture
depends on the character of the Stridhana. For the purpose Stridhana is divided into two
classes, namely: (1) Saudayika and (2) Non- Saudayika. During coverture she could
dispose only the Saudayika Stridhana. She had the absolute power of disposal over such
Stridhana. On the other hand, she could not dispose of non-Saudayika Stridhana without
husband's consent. Such property was subject to her husband's dominion and he was
entitled to use it at his pleasure even if there was no distress.

c) During widowhood. - A Hindu widow had absolute power of disposal over every kind of
Stridhana, whether acquired before or after her husband's death.

Succession After the Hindu Succession Act, 1956.-The present Act overrides inter alia the old
law on the subject of Stridhana in respect of all property possessed by a female whether acquired
by her before or after the commencement of this Act and Section 14 of this Act declares that all
such property shall be held by her as full owner. The Act confers full heritable capacity on the
female heir and this section dispenses with the traditional limitations on the powers of a female
Hindu to hold and transmit property. All property of a female Hindu, which includes her former
Stridhana in case she dies intestate, shall devolve by uniform order of succession provided in
Section 15 of this Act. Section 15 and 16 have, as such, simplified the most difficult and
complicated branch of the Hindu Law. So, if a Hindu female (either of Mitakshara or
Dayabhaga or any school) having at the time of her death a Stridhana property, dies intestate,
property shall devolve according to the rule contained in Sections 15 and 16 and not in
accordance with the rules enforced before the Act came into force. The Act lays down one
uniform order of succession of the property possessed by a female Hindu either as the limited
estate or Stridhana; thus abolishing several modes of devolution of Stridhana-property.

Section 15:- “(1) The property of a female Hindu dying intestate shall devolve according to the
rules set out in Section 16-
a) First, upon the sons and daughters (including the children of any predeceased son or
daughter) and the husband;
b) secondly, upon the heirs of the husband;
c) thirdly, upon the mother and her father;
d) fourthly, upon the heirs of father; and
e) lastly, upon the heirs of the mother.

(2)Notwithstanding anything contained in sub-section (1)-

a) Any property inherited by a female Hindu from her father or mother shall devolve, in the
absence of any son or daughter of the deceased (including the children of any pre-
 deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the
order specified, therein, but upon the heirs of her father; and
b) Any property inherited by a female Hindu from her husband or from her father-in-law
shall devolve, in the absence of any son or daughter of the deceased (including the
children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-
section (1) in the order specified therein, but upon the heirs of the husband."
The devolution of the property will be in accordance with Section 16 of the Act.