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Lecture Note 15 Stridhan

Stridhan refers to certain types of women's property under Hindu law over which she has absolute control. There are different views on what specifically constitutes stridhan. According to ancient texts like Manu and Katyana, stridhan includes gifts given before marriage and in the wedding procession. The Dayabhaga school defines stridhan narrowly as property a married woman can independently use, sell, or dispose of. The Mitakshara school defines it more broadly as any property a woman possesses. A woman has full rights over her stridhan during maidenhood and widowhood but more limited rights during marriage depending on the type of stridhan.

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231 views4 pages

Lecture Note 15 Stridhan

Stridhan refers to certain types of women's property under Hindu law over which she has absolute control. There are different views on what specifically constitutes stridhan. According to ancient texts like Manu and Katyana, stridhan includes gifts given before marriage and in the wedding procession. The Dayabhaga school defines stridhan narrowly as property a married woman can independently use, sell, or dispose of. The Mitakshara school defines it more broadly as any property a woman possesses. A woman has full rights over her stridhan during maidenhood and widowhood but more limited rights during marriage depending on the type of stridhan.

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Mahin Islam
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STRIDHAN

Women’s property under Hindu law may be divided into two categories, stridhan and widow’s
estate. Stridhan means those kind of properties over which a woman has absolute control
whereas widow’s estate means those kind of properties over which a woman possesses only a
limited power. A Hindu woman may acquire properties from various sources. She may acquire
properties through gifts, inheritance as well as her own skills and labor. However, all such
properties are not her stridhan properties. The word stridhan is derived from the term ‘stri’ which
means woman and ‘dhan’ which means property. However, the term is used in its technical sense
and not all types of property of a woman can be considered as her stridhan property.

We have to consider the following three things to identify whether a property is stridhan or not.
a) The source of acquisition.
b) The status of the woman.
c) The school of which the woman belongs to.

According to Rishis such as Manu and Katyana, “Stridhan means what was given before the
nuptial fire, what was presented in the bridal procession, what has been conferred on the wife
through affection and what has been received by her from her brother, her mother or her father
are ordained the six fold stridhan of a woman.”

According to the Smritis, stridhan includes the following properties.


a) Gifts made before the nuptial fire or at the actual ceremony of marriage i.e. gifts made
before the fire which is the witness to the marriage is termed as ‘adhagani’.
b) Gifts received in the father’s house or father-in-law’s house, either before or after the
actual ceremony. Also those gifts made at the bridal procession while the bride is being
led from the residence of her parents to that of her husband are called ‘adhyavanika’.
c) Gifts made as a token of love, i.e. those made through affection by her father-in-law and
mother-in-law. This is known as ‘pritidatta’. Also those made at the time of her making
obeisance at the feet of her elders is known as ‘padavadanika.’
d) Gifts made by father.
e) Gifts made by mother.
f) Gifts made by brother.
g) Gifts made by her husband to his wife on supersession, i.e. on the occasion of his taking
another wife. It is known as ‘adhivedanika.’
h) Gifts made subsequently, i.e. subsequent to the marriage by her husband’s or parent’s
relations are called as ‘anwadhayaka.’
i) Shulka or bride’s price.
j) Gifts made by sons and relations.
k) Gifts by affectionate kindred or near relations are termed as ‘saudayka.’
Property acquired by a Hindu female by her mechanical arts or otherwise by her own exertions
during her maidenhood or widowhood is stridhan but not those made after marriage. As regards
gifts made by stranger, i.e. non-relations, only those made before the nuptial fire and at the bridal
procession will be considered to be her stridhan.

Differences between the concepts of stridhan under the two schools


Yajnavalkya says, “What was given (to a woman) by the father, the mother, the husband or a
brother, or received by her before the nuptial fire, or presented to her on her husband’s marriage
to another wife, and the rest (adya) is denominated as stridhan. So that, which is given by
kindred as well as her marriage-fee (shulka) and anything bestowed after marriage.” The
Mitakshara School uses the word stridhan in its etymological sense to include not only that
recognized by the Dayabhaga but also property obtained by the following ways.
a) Inheritance.
b) Partition.
c) Seizure.
d) Findings e.g. adverse possession.
e) Purchase.
Vijaneshwara of the Mitakshara School interprets Yajnavalkya’s definition as follows: “That
which was given by the father, by the mother, by the brother; and that which was presented by
the maternal uncles and the rest, at the time of the wedding before the nuptial fire; and a gift on a
second marriage or supersession and as indicated by the word ‘Adya’ (and the rest), also
property obtained by inheritance, purchase, partition, findings, seizure.” Vijaneshwara therefore
uses the word ‘adya’ in a wider sense.
Jimutavahana, the leading authority of the Dayabhaga School followed in Bangladesh holds the
opinion that, “That alone is Stridhan which she (a woman) has power to give, sell or otherwise
use independently of her husband’s control.” In positive or affirmative sense, according to
Jimutavahana, property (except immovable property given by the husband) given as presents
from relatives are also Stridhan. Apart from the above, gifts from strangers given at the time of
marriage and going to the father-in-law’s house are also stridhan. Stridhan unless otherwise
expressed or necessarily implied means woman’s property acquired other than by inheritance or
partition, over which she has full authority and which after her death devolves on her heirs.

Negatively the following properties are not stridhan.


a) Property obtained by inheritance.
b) Property acquired at the time of partition.
c) Presents given by strangers at times other than the marriage ceremony or at the time of going
to the father-in-law’s house.
d) Acquisitions made by a married woman by the practice of a mechanical art.

According to the Dayabhaga School therefore, that alone are Stridhan which a woman has
complete power over. In the case of Sheo Shankar v. Devi Sahai 1903 All 468 the Privy
Council held that, “The Bengal School of lawyers always limited the use of the term narrowly,
applying it exclusively, or nearly exclusively, to the kinds of property enumerated in the
primitive sacred texts. The author of the Mitakshara and some other authors seem to apply the
term broadly to every kind of property which a woman can possess; from whatever source it may
be derived.” However, in the above case the Privy Council held that, not all property was
Stridhan. In Debi Mangal Prasad v. Mahadeo Prasad 1912 34 All 234 the Privy Council
rejected the whole of Vijnaneshwara’s expansion.

Nature of Stridhan
Stridhan properties belonging to woman passes on her death to her heirs. The woman is the
absolute owner of such property and she may dispose of such property at her pleasure, though
not in all cases during coverture but in all cases during maidenhood and widowhood. A woman
forms fresh stock of descent over her stridhan which accordingly devolves on her own heirs.
Rights of woman over her Stridhan
a) During maidenhood, a Hindu female can dispose of her stridhan of every description at her
pleasure. If she is a minor however she needs to act through her guardian.
b) During widowhood, she can dispose of her stridhan of every description at her pleasure,
including movable property given by her husband but not immovable property given by him.

c) The power of a woman to dispose of her stridhan during coverture depends on the character of
the stridhan. During coverture, she can dispose of only that type of stridhan which is called
saudayika, (i.e. gifts from relations as distinguished from those made by strangers). ‘Saudayika’
means ‘gift from affectionate kindred’ and such a gift having by them been presented through
kindness that the woman being presented may live well. It is declared by law to be her absolute
property. The absolute exclusive dominion of women over such gift is perpetually celebrated;
and they have the power to sell or give it away as they please even though it consists of land and
houses.

In Venkata v. Venkata 1880 2 Mad 333 (PC) it has been held that, “Woman has absolute power
over her Saudayika even during coverture. She may dispose of it in any way she pleases (by sale,
gift, will etc.) without her husband’s consent. Wealth earned by mechanical art or which is
received through affection from a stranger is subject to her husband’s dominion. This is non-
Saudayika.”

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