A CRITICAL ANALYSIS OF STRIDHAN

THIS ARTICLE WAS WRITTEN BY HARSHITA PUNJABI, A STUDENT OF RAJIV GANDHI NATIONAL UNIVERSITY OF LAW.

INTRODUCTION

In 1956, the property of women could be divided into two parts: stridhan and women’s estate. The Hindu Woman’s Right to Property Act of 1937 conferred new inheritance rights on certain Hindu females, which led to an increase in the size of women’s estates. Section 14 of the Hindu Succession Act of 1956, abolished the woman’s estate.

The word”stridhan” is made up of two terms: Stri(woman) and Dhana (Property). The phrase refers to the property that belongs to the woman or her property. The word is etymological in meaning; however, the word is a technical term that is defined in the law [11. In a way, these two words mean the property of the woman is in absolute claim. The authors of various sects and schools it is utilized in a variety of ways, but it does have the meaning that comes from the word in itself. The term was first time used in Smritis and the Dharmasutra from Baudhayan, which meant ‘woman’s total property.’ In all the time of Hindu law, women’s right to own and dispose of property has been recognized. Every woman has had the privilege to the right to use her property as the sole owner. The difficulty in determining what constitutes stridhan stem is due to the fact that most commentators and sages provide neither a precise definition nor an exhaustive list of or report; even the fact that Mitakshara offers a clear purpose, it has been tempered and limited in its application by our courts, as a because of its incongruity with others. [2]

According to Smritikars stridhan, stridhan was the property that women received as gifts from their relatives, which mainly comprised things that could be moved, like ornaments, dresses, and jewelry. Still, sometimes land or a house was also gifted as a gift. The present given to her by strangers during the ceremony or as part of the bridal procession was stridhan.In the process of implementing Partition, when it is an absolute gift or the interest of the form of a share, it is given to a woman during her widowhood or marriage; it amount is her Stridhan. The property inherited by a woman is her stridhan, or the property acquired by a woman through mechanical means or through her efforts during her maidenhood, the duration of the marriage, and even during the time of widowhood is Streedhan. The property acquired by a woman through a compromise or arrangement with her family that does not have the presumption that she is taking an interest in her life is the woman’s stridhan [33 Jimutvahana offered a variety of enumerations of stridhan, and so did sub-schools in Mitakshara.

For a woman who is married, stridhan is divided into two categories 4:

Saudayika(gifts of affection and love) are gifts given to women from relatives from both families (parents and spouses).

A non-saudayika of all the other varieties of Streedhan, like gifts from strangers or property acquired through self-exertion or mechanical art.

In accordance with the provisions of Section 14 of the Hindu Succession Act, 1956, the property that is acquired from a woman via these sources constitutes her complete property (unless contrary to the definition of a gift, device, or decree award)

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