Streedhan Law: A Comprehensive Overview

Historically, women were not entitled to any property and were not considered equal members of society. However, with societal progress, the recognition of women’s rights advanced and the concept of Stridhan emerged in Hindu Law. Initially, even though Stridhan was acknowledged, women did not have full ownership rights and required their husband’s consent to dispose of the property.

The enactment of the Hindu Succession Act, 1956, marked a significant change by recognising women as absolute owners of their properties and granting them full rights over it.

Definition and Meaning of Streedhan in Hindu Law

The term ‘Streedhan’ is derived from the Sanskrit words ‘Stri’ meaning woman and ‘dhana’ meaning property. Therefore, Streedhan translates to ‘woman’s property.’

What Constitutes Streedhan?

As per Hindu Law, Streedhan encompasses all the movable and immovable property, gifts, jewellery and other items that a woman receives at different stages of her life:

• Before Marriage: Any property or gifts received by a woman prior to her marriage.
• At the Time of Marriage: Property and gifts given to the woman during the marriage ceremony.
• During Childbirth: Gifts and property received upon the birth of a child.
• During Widowhood: Property and gifts received during widowhood.

Legal Recognition and Evolution of Streedhan in Hindu Law

Initially, women did not have full ownership over Streedhan and their husbands’ consent was required to alienate or dispose of the property. The enactment of the Hindu Succession Act, 1956, marked a significant change, recognising women as absolute owners of their properties and granting them full rights over it. The Act categorised women’s property into two types:

1. Streedhan: Property over which women have absolute power to enjoy and alienate without any restrictions.
2. Women’s Estate: Property over which women have limited power restricted to usage but not alienation as per their wishes.

Legal Status of Streedhan in India

Women have absolute rights over their Streedhan. They can use it as they wish and it legally belongs to them. This makes Streedhan legal in India, unlike dowry, which is prohibited under the Dowry Prohibition Act of 1961.

Difference Between Streedhan and Dowry

Streedhan differs from dowry in that it includes voluntary gifts given to a woman by her family, her husband and her husband’s family. It is not given under coercion, making it a legal practice in India. Dowry, on the other hand, is specifically linked to the marriage transaction and is prohibited under the Dowry Prohibition Act, 1961.

Development of Streedhan Law in Indian Courts

In the landmark case of Pratibha Rani v. Suraj Kumar, the Hon’ble Supreme Court differentiated between dowry and Streedhan. The case involved the petitioner being harassed for dowry and turned out of her house by her in-laws. She filed proceedings under Section 125 CrPC, which were quashed by the Punjab and Haryana High Court. However, the Supreme Court reversed this decision, outlining the constituents of Streedhan as follows:

• Gifts made before the nuptial fire.
• Gifts made during the bridal procession.
• Gifts made in token of love by the father-in-law and mother-in-law and those made at the time of the bride’s obeisance at the feet of elders.
• Gifts made by the bride’s father, mother and brother.

The Supreme Court stated that joint holding of Streedhan by the husband does not constitute co-ownership. A woman can file a suit against her husband for the return of Streedhan under Section 14 of the Hindu Succession Act, 1956 and Section 27 of the Hindu Marriage Act, 1955.

Punjab and Haryana High Court’s Interpretation

The Punjab and Haryana High Court ruled that all gifts received during marriage, including:

a) Items exclusively for the bride.

b) Items meant for joint use by the bride and her spouse.

c) Gifts for use by the husband and his relatives.

must be returned if claimed by the woman, failing which the husband and his family are liable for strict punishment.

Acquisition and Rights over Streedhan

According to Section 14 of the Hindu Succession Act, 1956, property obtained by a woman from the following sources is her absolute property (unless otherwise mentioned in the terms of the device, gift, decree, order or award). The sources of acquisition of such property can include:

1. Gifts (both movable and immovable) received before, during and after marriage.
2. Property received as her exclusive share during the partition of family property.
3. Property received as consideration for any compromise.
4. Property earned and accumulated through service, profession, business, etc.
5. Property received in lieu of maintenance.
6. Property purchased from her own Streedhan.
7. Property inherited by a woman.
8. Property acquired in any other manner, such as under a decree or award or through adverse possession.

A woman should maintain a list of all gifts and properties received before, during and after marriage from her family, husband’s family, friends and other acquaintances. It is crucial to keep records and papers of all the gifts received.

Application under Allied Laws

A woman’s right to her Streedhan is protected under various laws:

• Section 14 of the Hindu Succession Act, 1956: Read with Section 27 of the Hindu Marriage Act, 1955, stipulates that even if Streedhan is placed in the custody of her husband or in-laws, they are deemed trustees and are bound to return it upon her demand.
• Section 12 of the Domestic Violence Act, 2005: Provides for the recovery of Streedhan if the woman is a victim of domestic violence. The magistrate may direct the respondent to return the Streedhan or any other property or valuable security to which she is entitled.
• Section 18(ii) of the Domestic Violence Act: Entitles a woman to receive the possession of her Streedhan, jewellery, clothes and other necessary items. The term ‘economic abuse’ is also defined under this Act.

Empowerment through Streedhan

Streedhan has empowered women to own property and gain independence. Previously, women were overshadowed by their husbands who managed everything. The development of Streedhan laws aimed to provide women with a sense of security, authority and ownership of property, elevating their societal status to equal that of men. The powers associated with Streedhan include:

1. Power of Succession: If a Hindu female dies intestate, her Streedhan devolves upon her heirs.

2. Power of Management: Women have the power to manage their property and its income, spending it as they wish.

3. Power of Alienation

Women can alienate their property for:

• Legal necessity.
• The benefit of the estate.
• The discharge of indispensable religious duties.

4. Power of Surrender

Women can voluntarily surrender their estate during their lifetime or immediately upon death. This surrender must:

• Involve the entire estate.
• Be in favour of the nearest heir.
• Be made with bona fide intention.

Post-surrender, the property goes to reversioners, who can prevent the female owner from wasting or improperly alienating it.

Conclusion

The enactment of the Hindu Succession Act, 1956, was a significant step towards strengthening the property rights of Hindu women. As a part of this Act, women are given certain privileges that were denied to 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 provided women with those rights, which were denied to them for centuries. 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 the 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.