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which she was an supreme owner (stridhan).
The General provisions and applications
of stridhana under Hindu law
Abstract: Stridhan is an absolute property
which a girl receives during her lifetime. It
is a property supposed for her sustenance
and maintenance. Property includes the
wholelot held via her.Fromthe historic instan
ces itself,thewomen’s right toproperty was v
ery confine however thehusbandshave impor
tant energy on all the homes and even in
stridhan.The thinking ofstridhan was identifi
ed inHindu law fromthe inthepast instances i
tself, however at that time they do now
not have full possession over the property.
After the enactment of Hindu Succession
Act, 1956, the houses belong to a
Hindu female is considered as an absolute
property of her and she have full proper over
it. The intention of this article is codify
and aggregate the concept ofstridhan under
Hindu law, where all the provisions related
to characteristics,application,objects, outstan
ding provisions of stridhan are incorporated
Introduction: The word stridhana is
composed of two words: ’’stri’’(woman)
and ‘’dhana’’ property. The word implies
property having a place to a lady or a
woman’s property. Usually the etymological
sense but the word encompasses a
specialized meaning given in law. As
watched in Rajamma cases a blessing or
endowments given to a hindu lady some
time recently and after her marriage
constitutes that woman’s property. Prior to
the passing of the hindu progression act in
1956, property claimed by a lady may well
be classified in two categories a. property of
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b. property of which she was as it were a
constrained owner(woman’s estate).
Keywords: The definition of stridhan,the
characteristics of stridhan, Applications and
provisions of stridhan and Exceptional rules
and provisions of stridhan.
1. Definition of stridhan: Truly, the word
stridhan implies women’s property but the
word is utilized completely different sense
in numerous school of hindu law. Stridhana
having a place to a lady may be a property
of which she is the supreme proprietor and
which she may arrange of at any time at her
delight. Within the entire history of hindu
law, woman’s right to hold and arrange of
property has been recognized.
Characteristics of stridhan: What is the
character of property that's whether it is
stridhan or woman’s bequest, depends
on the source from which it has been
gotten. They are: 2.1 Blessings and
estates from relations: Such endowments
may be made to lady amid maidenhood,
coverture or widowhood by her
guardians and their relations or by the
spouse and his connection. Such
endowments may be associate vivos or
by will. The Dayabhaga School doesn’t
recognize blessings of undaunted
property by spouse as stridhan.
2.2 Gifts and bequests from non-
relations: Property obtained by way of a
gift inter vivos or underneath a will of
strangers that is, other than relations, to a
woman, for the duration of maidenhood
or widowhood constitutes her stridhan.
The identical is the role of gifts given to
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a lady by using strangers earlier than the
nuptial furnace or at the bridal
procession. Property given to a woman
through a gift inter Vivos or bequeathed
to her through her strangers during
coverture is stridhan according to
Bombay, Benaras, and Madras schools.
2.3 Property obtained with the aid of
self-exertion, science, and arts: A girl
can also collect property at any stage of
her existence by means of her personal
self-exertion such as with the aid of
manual labor, with the aid of
employment, by singing, dancing, etc.,
or with the aid of any mechanical art.
According to all schools of Hindu Law,
the property accordingly acquired during
widowhood or maidenhood is her
stridhan. But, the property accordingly
acquired throughout coverture does now
not constitute her stridhan in accordance
to Mithila and Bengal Schools, but in
accordance to the relaxation of the
schools, it is stridhan. During the
husband’s lifetime, it is concern to his
control
2.4 Property obtained with the wage of
stridhan:In all schools of Hindu Law it
could be a well settled law that the
properties acquired with stridhan or with
the reserve funds of stridhan as well as
all aggregations and reserve funds of the
pay of stridhan, constitute stridhan. 2.5
Property obtained beneath a members of the family on both sides
compromise: When a individual
procures property beneath a sauadayika: all other kinds of stridhan such
compromise; what bequest he will take
in it, depends upon the compromise
deed. In Hindu Law there's no
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assumption that a lady who gets property
beneath a compromise takes it as a
restricted domain. Property gotten by a
lady beneath a compromise where
beneath she gives up her rights, will be
her stridhan. When she gets a few
property beneath a family course of
action, whether she gets a stridhan or
woman’s bequest will depend upon the
terms of the family course of action.
2.6 Property obtained through destructive
possession: Any property received by using
a lady at any stage of her existence by
unfavourable possession is her stridhan.
2.7 Property bought in lieu of maintenance:
Under all the colleges of Hindu Law
repayments made to a Hindu girl in a lump
sum or periodically for her renovation and
all the arrears of such renovation represent
stridhan. Similarly, all movable or
immovable residences transferred to her
through way of an absolute present in lieu of
preservation constitute her stridhan.
2.8 Property acquired in inheritance: A
Hindu lady may inherit property from a
male or a female; from her parent’s side or
from her husband’s side. The Mitakshara
constituted all inherited property a stidhan,
whilst the Privy Council held such property
as a woman’s estate.
2.9 The sauadayika: (gifts of love and
affection) items received through a girl from
(parents and husband) and The non-
as gifts from stranger, property received via
self-exertion, or mechanical art.
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3.Applications and provisions of stridhan:
Property Received In Lieu of Partition- The
Karta can supply some property to a
member of the family for his or her
maintenance. A Hindu female can also be
granted property for her preservation below
a household arrangement or a partition. In
Chinnappa Govinda v. Valliammal, 15 a
better half's father gave some properties for
the protection of his widowed daughter-in-
law beneath a protection deed.
Subsequently, in 1960 he died. Since he died
leaving at the back of the daughter-in-law
his hobby devolved by way of succession.
The daughter-in-law sued for the partition so
as to get her share of the inheritance. Other
individuals said that she ought to get her
share solely if she agreed to consist of the
homes given to her for maintenance in the
suit properties. The Court held that she need
not give up the homes held by means of her
under the preservation deed. Section 14 lays
down that any property which a Hindu girl
receives on the partition after the
commencement of the Act will be her
absolute property and any property which
she obtained at a partition before the
graduation of the Act will additionally
emerge as her absolute property provided it
was in her possession at the graduation of
the Act. The Kerela High Court in Pachi
Krishnamma v. Kumaran Krishnan16
determined that the share a girl acquired on
a partition would be her absolute property
on account of her pre-existing right to
preservation enlarged to an absolute title to
the property through advantage of area
14(1).”
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3.1 Property Given Under An Award Or
Decree- In Badri Prasad v. Kanso Devi,
17where a partition under an award was in
consequence embodied in a decree, positive
residences had been dispensed to a Hindu
woman as her share, the Supreme Court said
that area 14(2) did now not apply. Their
Lordships stated that area 14 have to be
examine as a whole. It would rely on the
facts of each case whether or not the same is
blanketed by using sub-section (1) or
subsection (2). The necessary words in the
subsection are ‘possessed’ and ‘acquired’.
The former has been used in the widest
feasible feel and in the context of area 14(1)
it potential the nation of owning or having in
one’s hand or power. Similarly the phrase
obtained has additionally been given widest
viable meaning. The Supreme Court was
once of the view that a share got via a Hindu
woman in a partition beneath section 14(1)
even even though her share is described as a
restricted property in the decree or award.
3.2 Property Under An Agreement Or
Compromise: The test that if the decree or
award is the cognizance of pre-existing right
then sub-section (1) will apply and if
property is given to the Hindu lady for the
first time underneath an award or decree
subsection (2) will apply. It has been utilized
to the acquisition of property under an
agreement or compromise. This difference
has been certainly introduced out via
Mahadeo v. Bansraji 18and Lakshmichand
v. Sukhdevi.
3.3 Property Received in Legacy : Any
property that a Hindu female acquired from
a male or female connection was taken by
her as restricted bequest but within the
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Bombay school. Area 14 lays down that any
property that a Hindu female acquires from
any connection after the graduation of the
Act will be her supreme property. On her
passing it'll degenerate on her beneficiaries
beneath the arrangements of segment 15 and
16. In the event that any property has been
acquired by her some time recently the
graduation of the Act and on the off chance
that it is in her ownership at that point that
property too got to be her supreme property..
3.4 PROPERTY RECEIVED IN GIFT:
Under the Act, there is no distinction
between the gifts received by her from
relatives or strangers and at any stage of her
life, and all gifts that she receives will be her
absolute property. Ornaments received by
her at the time of her marriage are ordinarily
her stridhan property. A full bench in Vinod
Kumar Sethi v. State of Punjab20 held that
dowry and traditional presents made to a
wife at the time of the marriage constitute
her stridhan. In Gopal Singh v. Dile Ram21,
a widow having a life estate purported to
make a gift of the property before the Hindu
Succession Act 1956 came into force.
3.5 Property Received Under A Will- In
Karmi v. Amru 22 A Hindu, under a
registered will , conferred a life estate on his
wife Nihali , with the direction that after the
death of Nihali , properties would devolve
on Bhagtu and Amru , two of his collaterals
Nihali took possession and died in 196. On
her death her heirs claimed property on the
assertion that after the coming into force of
the Hindu Succession Act, Nihali’s life
estate became her full estate . It was held
that where only life estate is conferred under
a will , Section 14(2) will apply , and the
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estate will not become full estate .But if a
will confers on her full estate , she will take
absolutely . Properties given under a
settlement to the widow which were to
revert to the settlor on his brother on her
death , do not get enlarged into full estate.
4. Exceptional rules and provisions of
stridhan:
The characteristics features of woman's
estate is that the female takes it as a limited
owner. However, she is an owner of this
property in the same as any other individual
can be owner of his or her property, subject
to two basic limitations:
a) She can not ordinarily alienate the corpus
and
b) On her death it devolves upon the next
heir of the last full owner.
4.1Power of alienation:
The female owner being the holder of
limited estate has limited powers of
alienation. Like the Karta, her powers are
limited and she can alienate the property
only in 5 exceptional cases. The principal on
which restrictions have been placed on
woman's power of disposal was thus
explained by the Privy Council. It is
admitted on all hands that if there be
collateral heirs of the husband, the widow
cannot, of her own will, alienate the
property except for special purposes. For
religious and charitable purposes or those
which are supposed to conduce to spiritual
welfare of her husband, she has larger
powers of disposal than she possesses for
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purely worldly purposes.
On the other hand, it may be taken as
established that alienation by her, which will
not otherwise be legitimate, may become so
if made with the consent of her husband's
kindred. But it surely is not necessary or
logical consequences of this latter
proposition. That in the absence of collateral
heirs of the husband or on their failure, the
fetters on the widow's power of alienation
altogether drop3 .Restrictions on her power
of alienation are an incident of the estate,
and not for the benefit of reversioners . She
can alienate the property with the consent of
presumptive reversioners. She can alienate
property only in exceptional cases.
She can alienate the property for:
a. A legal necessity, i.e., for her own
need and for the need of the
dependents of the last full owner,
b. For the benefit of the estate, and
c. For the discharge of indispensable
religious duties such as marriage of
daughters, funeral rites of her
husband, etc.
4.2 Reversioner:
If the female owner dies, the estate shall
revert to the heir or heir of the last owner as
if the latter had died before the limited estate
had ceased. Such heirs may be male or
female, known as reversioners. When her
estate comes to an end on her death, the
property of the female is passed on to the
reversioners, but if she wishes to surrender it
can also come to end even during her
lifetime.
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Right of reversioners:
Reversioners have right to prohibit the
female owner from making wasteful use or
improper alienation of the property. Woman
holder of the property can be sued for an
injunction to restrain her from making
wasteful use. They are in the capacity of a
representative; they can sue for a declaration
that the alienation rendered by the widow is
null and void and will thus not be binding on
them following her death. However, by such
a declaration the property does not go back
to the widow nor does it go to the
reversioners. After the woman's death or the
termination of the estate, if earlier, they filed
a suit for declaration that the alienation
made by the widow was null and void and
did not bind them. The Supreme Court
observed that when a Hindu female holder
of a woman's estate makes improper
alienation, the reversioners are not bound to
institute a declaratory suit during the
lifetime of the female holder. After the death
of the woman, they can sue the alienee for
the possession of the estate treating
alienation as a nullity.
Conclusion:
The enactment of the Hindu Succession Act
is a welcome step towards strengthening the
property rights of Hindu women. As a part
of this Act, women are given certain
privileges that have been denying them for
decades. It is also a colossal step in the
defense of women's rights, as it has
abolished a woman's disability to gain and
keep land as its absolute owner. Section 14
of the Hindu Succession Act, 1956 has
definitely been a safety guard for the women
Page 6 of 6

especially the Hindu women. It has provided from India's Hindu succession act. The
women with those rights, which were denied World Bank.

to her for centuries. 8. Basu, S. (1999). She comes to take her

This section removes the disability of a
female to acquire and hold property as an
absolute owner and to convert any estate
already held by a woman on the date of
commencement of this act as a limited
owner, into an absolute estate. In case of her
death intestate, she becomes a fresh stock of
descent and the property devolves by
succession on her own heirs.
rights: Indian women, property, and
propriety. Suny Press.
9. Kishwar, M. (1994). Codified Hindu law:
Myth and reality. Economic and Political
Weekly, 2145-2161.
10. https://globaljournals.org/GJHSS_V
olume18/4-A-Beneficial-
Resemblance.pdf

References:

1. Kishwar, M. (1994). Codified Hindu law:

Myth and reality. Economic and Political
Weekly, 2145-2161.
2. Alam, D. M. S. (2004). Review of hindu
personal law in Bangladesh: Search for
reforms. Bangladesh Journal of
Law, 8(1), 15-52.
3. Williams, R. V. (2010). Hindu law as
personal law: state and identity in the
Hindu Code Bill Debates, 1952–
1956. Hinduism and Law: An
Introduction, 105-119.
4. Ghosh, P. S. (2009). Politics of Personal
Law in India: The Hindu–Muslim
Dichotomy. South Asia Research, 29(1),
1-17.
5. Davis Jr, D. R. (2010). The spirit of
Hindu law. Cambridge University Press.
6. Chowdhury, D., & Tripathy, A. (2016).
Recognizing the right of the third gender
to marriage and inheritance under Hindu
Personal Law in India. Chowdhury D.,
Tripathy A. Recognizing the Right of the
Third Gender to Marriage and
Inheritance under Hindu Personal Law
in India. BRICS Law Journal, 3(3), 43-
60.
7. Nagarajan, H., Goyal, A., & Deininger,
K. (2010). Inheritance law reform and
women's access to capital: evidence

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