Stridhan

2. A Hindu female can secure the property from
numerous sources but every such property cannot
be Stridhan. Whether a property constitutes
Stridhan, depends upon the following factors:
(a) Source of acquiring the property,
(b) The status of the female at the time of
acquiring the property, i.e., maidenhood, married
status or widowhood,
(c) The school to which she belonged.

3. • In the matters of succession to Stridhan, a new
order of heirs was provided under law which
included her own heirs upon whom Stridhan
devolved after the death of the female. This rule
does not apply to the succession of woman’s
estate. But now under the Hindu Succession Act,
1956 the distinction between the two categories
of property have been abolished and an uniform
rule of succession has been provided with respect
to Stridhan.

4. According to the age-old Smritis and all old schools
of Hindu law such as Dayabhaga, Mitakshara etc.
the following was Streedhan in the hands of a
woman whether she is a maiden, married woman
or widow.
• Gifts made to a woman before the nuptial fire.
• Gifts made to a woman at the bridal procession
• Gifts made in token of love by father-in-law,
mother-in-law
• Gifts made by father, mother and brother

5. Power of alienation:
• A Hindu female possessed absolute ownership
over Stridhan and hence she enjoyed absolute
right of alienation of such property. She could
voluntarily dispose it of.
• After the commencement of the Hindu
Succession Act, 1956, every property held by a
Hindu female on the date of the enforcement of
Act, whether acquired prior or subsequent to the
Act, became her absolute property. Hence she
has got the absolute power to alienate the same
at her volition.

6. Sources of Stridhan
(i) Gift received from relatives.
(ii) Gifts and bequests received from
strangers during maidenhood.
(iii) Property obtained in partition.
(iv) Property got in lieu of maintenance.
(v) Property acquired by inheritance.

7. (vi) Property acquired through technical skill
and art.
(vii) Property acquired by compromise.
(viii)Property acquired by adverse possession.
(ix) Property purchased with the earnings of
the Stridhan or with savings of income from
Stridhan.
(x) Property acquired lawfully from sources
other than those mentioned above.

8. Kinds of Stridhana and incidents
thereof:
(i) Adhayagni—gifts given at the time of nuptial fire.
(ii) Adhyavaharika—gifts given to bride while going
to her husband’s house.
(iii) Pritidatta—gifts given to the daughters-in-law
by mother and father-in-law out of love and
affection.
(iv) Patidatta—gifts given to her by her husband.
(v) Padvannadanika—gifts given by the elders while
wishing them and paying them respect.

9. (vi) Anvadhyeyaka—gifts received from husband
after her marriage.
(vii) Adhivedanika—gift given to first wife when the
second wife was brought.
(viii) Shulk—money received for marriage.
(ix) Bandhudatta—gifts given by relatives of mother
and father.
(x) Vritti—money given for maintenance and
properties purchased from the money given
towards her maintenance.

10. (xi) Yavtaka—when the bride and bridegroom sat together after
marriage and received gifts i.e., the gifts given to wife during marriage.
(xii) Ayavtaka—those which did not fall in the yavtaka category
mentioned above.
(xiii) Savdayika and Asavdayika—this kind of Stridhan covers those
properties which are received by a woman from her husband, father or
at husbands’ or father’s house. The division of, Stridhan by Katyayana
into Saudayika and Asaudayika depends upon right of alienation. She
has an absolute right over all the Saudayika properties. Over
Asaudayika Stridhan the husband too has the right of ownership.
(xiv) Paribhashit and aparibhashit—Technical stridhan—Mayukha law
divides the Stridhan into paribhashit and aparibhasit categories. The
paribhasit one is given to the woman before fire or at the time of her
departure for husband’s home. Other properties given to her fall under
aparibhashik category.

11. Bhai Sher Jang Singh vs Smt. Virinder
Kaur
while hearing the case, Punjab & Haryana High Court had ruled that the
groom’s side is bound to return back all the items including property,
ornaments, money and other belongings offered by the bride’s side at the
time of marriage if claimed. In the case of denial, the groom’s family is
tending to get strict punishment. The court found that Bhai Sher Jang Singh
and his family have committed an offense under Section 406 of IPC by
committing criminal breach of trust of the ornaments and other articles
owned by Virinder Kaur which were her Streedhan and were entrusted to her
husband for safe custody and which he has dishonestly misappropriated.

12. Ratibha Rani vs. Suraj Kumar
• While hearing the case, the Supreme Court
observed that the complainant (Pratibha Rani)
had suffered by their in-laws when she was
harassed and denied her Streedhan by his
husband’s family. The Apex Court observed
that the case portrays the plight of an
estranged married woman. She even suffered
large during the legal process, the court
observed.

13. Rashmi Kumar vs. Mahesh Kumar
Bhada
• The Supreme Court held that when the wife
entrusts her Streedhan property with the
dominion over that property to her husband
or any other member of the family and the
husband or such other member of the family
dishonestly misappropriates or converts to his
own use that property, or willfully suffers and
other person to do so, he commits criminal
breach of trust.

14. Ashok Laxman Kale vs Ujwala Ashok Kale
• The bride has got an absolute, exclusive dominion
over all her Streedhan, received during the
marriage. This includes both movable and
immovable property, while she has the power to
sell, alienate or give it away as she pleases both
during her lifetime and thereafter. Her husband
and in-law’s family members have no rights over
a woman’s Streedhan. We need to understand
that the marriage expenses and dowry are not
Streedhan as

15. Some of the precautionary steps in keeping the
check on the Streedhan could involve:
• The woman should make a list of all the gifts and properties
received before, during and after marriage from her family,
husband’s family, friends, and other acquaintances.
• The woman should keep evidence for all the gifts received
such as wedding pictures. Also, ensure that the gifts and
their bills are in her name and preserve these bills.
• The woman should have witnesses – statements of
witnesses will be important evidence – for gifts of
movables (including jewelry) at the time of marriage.
• The woman should maintain a separate account in her
name for her salary.

16. • The woman should get involved in the family
financial decision-making and keep a record of bank accounts
and the investments made out of her Streedhan.
• The woman should ensure that the title to the property given
to her and those bought from her Streedhan are clear and
that the investments made from these assets are in her name.
• The woman should open a bank locker in her name for storing
jewelry and instruments of money, property and so on.
• It is advisable for the woman’s parents to gift her income-
generating property, rather than expensive consumer items. It
becomes often difficult to give full detail accounts for the
consumer items

17. Ashoke Chadha v. IOT
• The High Court of New Delhi in this very
important case , has held that ‘Streedhan’ in
the form of jewelry given over a span of 25
years cannot be said to be an unexplained
investment u/s. 69A of Income Tax Act, 1961.
It is a very normal feature in India, for women
to receive jewelry in form of gifts on various
occasions during childbirth and marriage and
as such a large amount of jewelry cannot be
held to be abnormal.