#STRIDHAN VS WOMENS ESTATE
# Introduction
The concepts of Stridhan and Women's Estate are pivotal in understanding the
property rights of women under Hindu law. Both terms refer to property
owned by women, but they have distinct legal implications and historical
contexts. This essay explores the definitions, sources, and characteristics of
Stridhan and Women's Estate, along with relevant case laws that have shaped
their legal interpretations.
#Stridhan
Stridhan refers to property that a woman acquires during her lifetime, over
which she has full ownership and control. This can include gifts from relatives,
strangers, self-acquired property, and property purchased with Stridhan. The
concept of Stridhan is rooted in ancient Hindu law and has evolved over time.
Under the Hindu Succession Act, 1956, any property acquired by a woman
from specified sources is considered her absolute property .
--This includes gifts received before, during, and after marriage, either from
the bride's or the groom's side. It can include jewelry, clothing, and other
valuable items.
--property inherited from parents, siblings, or any other relatives also forms
part of Stridhan
--Self-acquired property that is property a woman acquires through her
earnings or savings
- Stridhan, once bestowed upon a woman, remains her exclusive
property and cannot be reclaimed by anyone else, including her
husband or in-laws
- Legal Protection: Under Section 27 of the Hindu Marriage Act, 1955, the
woman's right to her Stridhan is legally protected, ensuring she retains
ownership.
# Women's Estate
Women's Estate was a concept under traditional Hindu law that granted
women limited ownership rights over certain inherited properties. This estate
was restricted in terms of transferability and alienation, often limiting a
woman's control over the property. The Hindu Women's Right to Property Act,
1937, conferred new rights of inheritance on Hindu females, increasing the
weightage of Women's Estate. However, the Hindu Succession Act, 1956,
introduced key changes, effectively erasing the concept of Women's Estate
and introducing Vijnaneshwara's interpretation of Stridhan.
