Women’s Estate or Stridhan and Property Rights
INTRODUCTION
The Hindu Women’s Right to Property Act turned into enacted in the yr 1937. Under the stated Act, the ideology of all the faculties of Hindu Law turned into amended in a manner so that it will supply extra rights to the Hindu women. This Act triggered innovative modifications through affecting now no longer most effective the regulation of coparcenary however additionally the regulation of alienation, inheritance, partition and adoption. But there was numerous grievance at the Hindu Women’s Right to Property Act so, the Parliament determined to provide you with The Hindu Succession Act, 1956. Section 14 of Said act conferred absolute belongings rights on women.
MEANING OF STRIDHAN or WOMEN’S ESTATE
Under Hindu regulation, the word ‘Stridhan’ is comprised of phrases namely, ‘stri’ which means girl and ‘dhana’ which means belongings. Stridhan is that the belongings that is given to a women on the time of her marriage.
DIFFERENCE BETWEEN STRIDHAN AND DOWRY
The predominant distinction between ‘dowry’ and ‘Stridhan’ is that the detail of “demand, undue have an effect on or coercion”. The stated elemants is gift withinside the dowry however now no longer withinside the Stridhan. Stridhan is a voluntary present which became given to the girls and it isn’t the end result of demand, undue have an effect on or coercion.
In the case of Pratibha Rani V. Suraj Kumar, it turned into held via way of means of the Supreme Court that the women is absolutely the proprietor of her Stridhan and he or she can use it the manner she needs to. It additionally held that during regular circumstances, the husband will don’t have any proper or hobby withinside the Stridhan though in instances of excessive misery he can use that however has to repair it again whilst he’s capable of do so.
KINDS OF WOMAN’S PROPERTY
• Gifts & bequests from relations
• Gifts & bequests from non-relations
• Property received through self exertion, technological know-how and arts
Hindu Law of Marrriage and Stridhan,
• Property bought with the earnings of stridhan
• Property bought below a compromise
• Property received via way of means of negative ownership
• Property acquired in lieu of maintenance
• Property acquired in inheritance
• Property received on partition
Some regulations have been acknowledged on her energy of alienation, if she have been a spouse . For a spouse stridhan falls beneathneath heads:
• the sauadayika
• the non-saudayika
Over the preceding she has complete rights of disposal however over the latter she has no proper of alienation with out the consent of her husband. On her demise all forms of stridhan handed to her very own heirs. In Janki v. Narayansami, the council aptly observed, “her proper is of the man or woman of proper of assets, her role is that of the proprietor, her powers therein individual are, but limited. So lengthy as she is alive, no person has vested hobby withinside the succession.”
The powers of girls with appreciate to those properties,
1. Management
2. Alienation
3. Surrender
Power of Management:
the women had complete electricity to management. She became the simplest proprietor, she on my own become entitled to the ownership of the entire property and she or he or he on my own turned into entitled to its whole earnings. She persevered to be its proprietor till the forfeiture of property, through her re-marriage, adoption, dying or surrender.
Power of Alienation:
With connection with alienation, the women should alienate her belongings beneathneath the following situations –
1. Legal necessity
2. For the advantage of the property
3. For the release of quintessential non secular duties
Power to Surrender:
The Supreme Court in Natwar v Dadu, it stated that there have been 3 situations of surrender
1. It have to be for the complete property aleven though a small element ought to stay for her maintenance,
2. Surrender have to be made in favour of reversioners.
3. Surrender have to be bona fide and now no longer tool of dividing the property a number of the reversioners.
JUDICIAL TREND TOWARDS WOMEN’S ESTATE AND STRIDHAN
In the case Bhugwandee Doobey v. Myna Baee, the council held that the belongings is received through a woman from her husband isn’t always her Stridhan and at the loss of life of that women, such assets will devolve upon the heirs of her husband and now no longer her heirs. Also in Sheo Shankar v. Devi, the privy council held that a assets which acquired with the aid of using a daughter from her mom can be the Stridhan of the mom and now no longer the Stridhan of daughter, and at the demise of her mom, such assets will devolve upon the heirs of the mom and now no longer her heirs.
The Judicial review on women’s estates rights has additionally modified after the enactment of the HSA. After the graduation of the HSA, the judicial view concerning women’s property and stridan has additionally modified. The Supreme Court withinside the case Gangamma v. G. Nagarathnamma and Ors, has affirmed that the amplitude of Section 14(1) could be very massive and it consists of inside its ambit each sort of assets that has been possessed through a Hindu girl on of the date of graduation of the HSA.
Further in Santosh v. Saarswathibai, the ambit of Section 14(1) of HSA become increased to encompass now no longer most effective the land that is withinside the ownership of the Hindu woman, however additionally the land over which she has the proper to possess.
The Supreme Court in Cherotte Sugathan v. Cherotte Bharathi, has held that at the demise of the husband, his percentage of ancestral belongings will devolve upon his spouse and can’t be subjected to disinvestment, besides any statutory reason. It become additionally held that the mere remarriage of the spouse will now no longer disentitle her from receiving her deceased husband’s assets.
CONCLUSION
The enactment of the Hindu Succession Act is a access step in strengthening the belongings rights of Hindu women. Because of this, the women’s are being furnished the ones rights that have been denied to them for centuries. It is certainly a closest step in the direction of the safety of women’s proper because it has eliminated a women’s incapacity to gather and keep a assets as its absolute proprietor.
Author: Ugesh Rajan.J,
School of Excellence in Law, 2nd Year, legal intern