Stridhan
August 31, 2011 35 Comments
Stridhan is a combination of two Sanskrit words ‘Stri=Woman’ and ‘Dhan=Wealth’ which put together means ‘Woman’s property’. Stridhan is a traditional property right of Hindu women accepted by Indian Hindu Society.Stridhan ensures a women’s economic independence.
Except for a few restrictions during coverture, a Hindu woman is the absolute owner of her stridhan.Any dues from her can also be recovered from her stridhan.Also, a woman who does not wish to accept stridhan cannot be forced to do so; she can choose to accept or reject the gifts given to her as part of the stridhan.Usually stridhan is passed from a mother to her daughters as per her wishes but as the sole owner of her stridhan a woman can will it away as she pleases.On her intestate death, all types of Stridhan, devolved upon her heirs in the following order:
- upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
- upon the heirs of the husband.
- upon the heirs of the father, and
- upon the heirs of the mother.
Under all the schools of Hindu Law payments made to a Hindu female in lump sum or periodically for her maintenance and all the arrears of such maintenance constitute stridhan. It also includes property inherited by the woman from her family or husband’s family; property received by her under a compromise, adverse possession or in lieu of maintenance as long as she doesn’t merely enjoy a restricted estate in the said property; property obtained in partition; and property bought with savings or accumulations of stridhan or using proceeds from stridhan is stridhan. Property acquired by a woman by mechanical arts or by her own exertions during maidenhood, subsistence of marriage and during widowhood is Stridhan.
However, gifts to the husband by the woman or her relatives before,during and after the wedding are not part of her stridhan. Also the Dayabhaga School doesn’t recognize gifts of immovable property by a husband to his wife as stridhan.Also a woman’s inheritance of ancestral property forms her woman’s estate or widow’s estate and is not stridhan.
Stridhan has all the characteristics of absolute ownership of property. The stridhan being her absolute property, a woman has full rights of its alienation. This means that she can sell,gift, mortgage, lease, and exchange her property,in part or whole. This is entirely true when she is a maiden or a widow. Some restrictions are recognised on her power of alienation, if she is a married woman. For a married woman stridhan falls under two heads:
• The saudayika (gifts of love and affection)- gifts received by a woman from relations on both sides (parents and in-laws).
• The non-saudayika– all other types of stridhan such as gifts from stranger, property acquired by self-exertion or the mechanical arts.
Over the former she has full rights of disposal but over the latter she has no right of alienation without the consent of her husband during coverture. During the pendency of the marriage he has the right to it’s equal use.On the woman’s death it passes on to her heirs.
A woman’s right to her stridhan is protected under law.This comes in handy in case of matrimonial discord as a woman can have her stridhan or its value returned to her. In the case of Pratibha Rani v. Suraj Kumar, 1985 (2) SCC 370 the Supreme Court of India held that “a Hindu married woman is the absolute owner of her stridhan property and can deal with it in any manner she likes and, even if it is placed in the custody of her husband or her in-laws they would be deemed to be trustees and bound to return the same if and when demanded by her”.The position of stridhan of a Hindu married woman’s property during coverture is absolutely clear and unambiguous; she is the absolute owner of such property and can deal with it in any manner she likes-she may spend the whole of it or give it away at her own pleasure by gift or will without any reference to her husband. Ordinarily, the husband has no right or interest in it with the sole exception that in times of extreme distress, as in famine, illness or the like, the husband can utilize it but he is morally bound to restore it or its value when he is able to do so. This right is purely personal to the husband and the property so received by him in marriage cannot be proceeded against even in execution of a decree for debt, such being the nature and character of stridhan of a woman.If her husband or any other member of his family who is in possession of such property, dishonestly misappropriates or refuses to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC. The offence of criminal breach of trust is punishable with imprisonment up to 3 years or fine or both.It is a cognizable, compoundable (up to Rs.250 only) and a non-bailable offence.
While the laws give Hindu women the means to be economically independent,due to ignorance of the law and a of lack of knowledge on how to move the courts women frequently lose out on their Stridhan.The following precautionary steps will ensure a woman will keep most of her stridhan in case of a break down in her marriage.
- She should make a list of the gifts and/or properties received before, during and after marriage from her family, husband’s family, friends and other acquaintances.
- She should keep evidence for the gifts received such as wedding pictures. Also, ensure that the gifts and their bills are in her name and preserve these bills.
- She should have witnesses – statements of witnesses will be important evidence – for gifts of movables (including jewellery) at the time of marriage.
- She should maintain a separate account in her name for her salary.
- She should get involved in the family financial decision-making and keep a record of bank accounts and the investments made out of her stridhan.
- She should ensure that the title to the property given to her and those bought from her stridhan are clear and that the investments made from these assets are in her name.
- She should open a bank locker in her name for storing jewellery and instruments of money, property and so on.
- It’s advisable for her parents to gift her income-generating property, rather than expensive consumer items which are difficult to account for.
About Keerthika Singaravel
wealthymatters 
Mam,
I am waiting for your kind suggestions.
Please reply.
Thankyou!
I’m answering questions again now.I’ll get to yours ASAP.
Mam,
I have sent you my problems on 15th,July 2015,but till today I am not received any suggestions or reply.
Please Mam, kindly help me and oblige,
Thankyou!
Santosh,I’m working my way through comments. Please hang on.
Mam,
Your blog is very useful for all the needy people.you are very very thankful for this. Once again I need your kind help. Earlier (on Oct 31,2013 and Nov 2,2013) I have told you all my problems and satisfactory suggestions has been given by you. Now my that problem becomes very serious. Since I am an lic employee, I transferred to CHHAPRA from Hajipur i,e 50km away from my home town Sonpur, whereas Hajipur only 03km from Sonpur. My one uncle lives on my mother’s gifted land with the conscent of my father. He was living in two rooms, but now (6 month
ago) by conspiracy, he gives one room to my another uncle and accordingly at present both the uncles began to live in one room each. Then after, two months ago, in my absence they started to gather materials to make a hut on my mother’s gifted land forcibly for which the proceeding of sec. 144 Cr.p.c going in the court of S.D.M. During the proceeding they made a hut for residence on the said land. After that, a notice issues against my both the uncles under section 188 Cr.p.c. In the meantime my both the uncles with their family members cut a green Neem tree planted on the said land for which a FIR lodged against them u /s 379,411 IPC in the local police station which is under investigation proved.
Mam, at earlier you have suggested that my position could have been strengthened by registering my document and having had a survey done at the right time. Mam, regarding your this suggestion I want to say that the said gift deed is already a registered gift deed (at registrar office, Sonpur, Saran, Bihar in 1991) and motation was done in 1997 and rent of the land paid to state government. I have current revenue receipt of rent paid to the government.
Now, suggest me that apart from the above registration where it should be registered and surveyed ?
Mam, you also suggested that in property matter possession is 9 /10th of the law, I am not understand this point. Is it also applicable on “Stridhan “? Please clarify it.
Mam, I want to know that if the rooms had been given to my uncle sympathically or in good mercy to live them for the time being, but they now dishonestly want to grab my land, then is there no any rules in the law to vacate them?
In the article “Stridhan”on your blog, it is mentioned that “Stridhan has all the characteristic of absolute ownership of property”………….. “If her husband or any other members of his family who is in possession of such property dishonestly misappropriates refuses to return the same, they may be liable to punishment of offence of criminal breach of trust under section 405 and 406 IPC, according to this, since my mother gets the said land by her father-in-law, so it will be treated as “Stridhan”and it has all the characteristic of absolute ownership of property. Are the above sections 405 and 406 is applicable in my case or not.
In the gift deed it is clearly mentioned that since all the sons of my grandfather were separated to the family and he feels problems due to old age, then he tells my mother for care and best service to him. My mother agreed to look after him. My grandfather feels himself very good and after looking after my mother he becomes pleased and gifts his all the shares (i, e 1.his self earned land and 2.share got from his widow mother’s self earned land) to my mother. Not only look after or care done by my mother, after death of my grandfather and grandmother, their cremination and all the expenses bears by my parents. After death of my grandfather, marriage of two daughters of grandfather also done by my parents and all the expenses bears. Hence, my parents fulfilled all the liabilities of my grandfather not only in his life only but also after his death.
Mam, a new fact comes before us, that my uncle who is living on the land, 08 months ago, an application given to the Executive Officer of Nagar Panchayat, Sonpur and to the SDO of Sonpur. In that application he admitted that he is a landless person and at present he lives on rent. He also mentioned that he change his house on every one or two year.So he praying to SDO and executive officer to alot government land for his residence.
Mam, I have told you all the new circumstances during these years. And the problem becomes very serious. I feel very weak myself and need your kind help. Please suggest me —
1.Can I vacate my uncles from the said land?
2. Title suit or eviction suit which will the better option to vacate them or any other way to vacating them in your consideration and lawfully knowledge.
3.What will be the different grounds on which we can fight in the court when we file a case for vacating them?
4.In the above said application my uncle admitted that he lives on rent. Is this point useful for us or not for vacating them ?
5.What are the precautionary steps might be taken by us?
(For more details you can read my previous email on your blog on the above mentioned date).
Kindly let me know the lawfull suggestions on my above problem.
My all the family members will be highly obliged for your this kind.
Thankyou!
Santosh you have a pretty messy problem in your hand.
My first question is, what is the full value of this property?
Second are you prepared for the expense and hassle of litigating for many years?
Accordingly we can think of a strategy to be pursued.
Mam,
I am waiting for your suggestions.
Thankyou!
Pingback: Stridhan | Crime Against Men / Crime by Women / Law Misuse / Gender Biased Laws / Fake Cases
Pingback: Crime Against Men / Crime by Women / Law Misuse / Gender Biased Laws / Fake Cases
Very good legal guidance give by you
Thanks
i purchsed agricultural property. the said property came to the vendor through partion of property of his mother (stree dhana) and ancesstoral propert. now no ancesstoral property with him. his son gave consent for sale deed. daughter didnot giveconsent.some says the consent not required since the vindors is having absolute right.according to me since the vendor got the said property through partion of his mothers stree dhana property and ancesstoral property it canot be treated as anceesoral property . i want to file asuit against the vendor to avoid problems at afuture date. kindly advise whether suit is required or not
You will be engaging in frivolous litigation.
I like the blog very much this is very helpful for peoples. My problem is that my wife was expired in illness i do the best what should be possible to save her life but unfortunately we don’t get success.After her death my in laws demands me the gifts they gave to my wife &my family.but when i gave them this copy of sridhan they complaint against me & my family under section 420 & 406. So please help me what can i do ??
Lalitkumar do you have children by this late wife of yours?
Hi,
Thankyou for your guidance. Mam i meet a lawyer and tell him all the facts. But according to him the gift will be invalid in future if your uncles claiming for their share in court. According to him my grandfather can gift only his self acquired property to my mother but he gifts both the shares(1.self acquired and 2.one-third share from his widow mother’s self acquired property)in a single deed paper. So, it will be invalid. My grandfather’s mother did not make any will or gift or partition before her death.
Mam, i am very confused on some points, please clearify it :-
1. According to gift law, what kind of properties can be gifted.
2. My grandfather gets one-third share in his widow mother’s land property. It can be gifted to my mother or not by my grandfather.
3. My grandfather can gift his both the shares in the name of my mother or not in a single deed paper or is it necessary for both the shares to make it in separate-separate deed papers ?
4. My uncles will be the heir of his widow grandmother’s self acquired land property or not? If yes,what will be the circumstances?
please reply.
Thanlyou!
Santosh you say that the property under dispute is a self earned property of your great grand mother. Can you prove this?Then the next stage is to get hold of a death certificate of your great grand mother to prove her death and the date of the incident.If she left behind no will,she died intestate.If so,as she was a widow,her property is to be divided equally between her children.For the purpose your grandfather and your siblings would have had to approach the courts for a succession certificate and then distribute the property amongst themselves.First check if the property in question remains in your great grand mother’s name.Then check if such a succession certificate was issues and if your grand father’s name was on it.If so its quite clear that the property was the self earned property of your grand father when he gifted it and he was well within his rights to gift it to your mother.
In any case the property under dispute is in no way ancestral property.
Hi,
i am very impressed with your legal guidence. I have also a very critical problem and needs for your help. Please guide me.
My grandfather have two brothers in which the only youngest is alive. My grandfather is the eldest. My grandfather’s widow mother bought some land property in her name as a self-acquired property by her own income resource business in year 1951. My grandfather(eldest) and second grandfather also bought some land property in their own name in the same year 1951 by their self source of income (business). My youngest grandfather is a retired railway employee(pensioner). My grandfather have five sons, second grandfather have three sons and youngest grandfather who is alive having only one son.
My grandfather, his both the shares i.e, (1) one-third share from his mother’s land property & (2)his self -acquired property, gifted to my mother in a single deed paper in1991 and died in 1993. In this registerd gift deed my three uncles signs as a witness except my third uncle.
Now, my youngest grandfather claims that when his elder brothers bought land property in their names that time his family was joint and all the land properties bought by joint income (mother’s and elder brother’s income) and he also says that at that time when properties bought (in 1951), he was only 11years old. He produce a ‘ekrarnama’ paper which was made in 1983 which belongs to partition of the family and properties. But in this paper there is no any description of land’s khata number or khesra no. By this paper, Only side is decided that in west side second brother and in east elder brother and in the middle of both the brothers the youngest brother will take their shares. In that ekrarnama he signs in the opposite side of the stamp paper which is blank,only in the first side is written. In that ekrarnama,there is no any description of shares that which brother gets how much shares or area of land.
Now, my youngest grandfather wants to take shares in all the land properties (mother’s and elder brother’s land property). And a notice send by him through court for partition in all the land property in which he makes the opposite party to all the son’s of his elder brothers.
On the other hand, my all the uncles also claiming his shares in the land property which was gifted to my mother by my grandfather in 1991. Only the third uncle who has not signs in the gift deed lives on this land and other uncles leaves this land. Now, the third uncle unite the other uncles and demand for their shares otherwise they thretned us that they will murder my all the family members.
My questions are-
1.my youngest grandfather’s claim is legal or not.
2.he also says that the gift which is in the name of my mother will be invalid. Is it possible or not?
3.my uncles claim is right or not.
Mam, my family is very afraid. Please help me and guide me for further legal action.
First you need to go appraise the police of the threat to your family’s life and get protection.If you have problems with the police get in touch with the state human rights commission.
Next get a lawyer who deals with property matters and tell him the facts you have told me and show him your proofs.
As both properties were acquired in 1951 and your youngest great uncle was only 11 years then,there’s not much chance he earned enough to contribute towards buying either property.
Hopefully,you can prove that your grand father and his 2nd brother were then earning.
As both properties were self earned,the owners could gift them as they pleased.So your mother can rightfully be gifted her shares by your grandfather.
Your position is weakened by the fact that you have left your third uncle in possession of the land and have not sought to have him removed all these years.In property matters possession is 9/10ths of the law.
Your position could have been strengthened by registering your documents and having had a survey done at the right time.Now you are likely to have heavy expenses and trouble before securing your mother’s land.
Mam,
Once again I need your kind help. Earlier (on Oct 31,2013 and Nov 2,2013) I have told you all my problems and satisfactory suggestions has been given by you. Now my that problem become very serious. Since, I am a lic employee, I transferred to CHHAPRA i.e, 50 km away from my home.
My one uncle lives on my mother’s gifted land with the conscent Of my father. He was living in two rooms, now (06 months before) by conspiracy, he gives one room to my another uncle, and accordingly at present both the uncles began to live in one room each. Then after two months ago, in my absence they started to gather materials to make a hut on my mother’s named gifted land forcibly for which the proceeding of 144 Cr.p.c going in the court of S.D.M. During the proceeding of 144 Cr.p.c they made a hut for resident. After that, a notice issues against my both the uncles under section 188 Cr.p.c for disobeying the order of S.D.M. In my absence during the pendency of proceeding of 144 Cr.p.c my both the uncles with their family members cut a green need tree planted on the said land for which a FIR lodged against them u/s 379,411 IPC in the local police station which is under investigation proved.
Mam, at earlier you have suggested that my position could have been strengthened by registering my document and having had a survey done at the right time. Regarding your this suggestion I want to say that the said gift deed is already a registered gift deed(at registrar office in 1991)and motation was done in 1997 and rent of the land paid to state government.I have current revenue receipt of rent paid to the government.
Now,suggest me that apart from the above registration where it should be registered.
Mam, you also suggested that in property matter possession is 9/10th of the law. I am unable to understand this point. Please clarify it.
Mam, I want to say that if the rooms had been given to my uncle sympathically or in good mercy to live them for the time being,but they now dishonestly want to grab my land,then is there no any rules in the law to vacate them?
In the article on “Stridhan” on your blog it is mentioned that – “Stridhan has all the characteristic of absolute ownership of property “……….”If her husband or any other members of his family who is in possession of such property dishonestly misappropriates refuses to return the same,they may be liable to punishment of offence of criminal breach of trust under section 405 and 406 IPC. Regarding this, since my mother gets the said land by her father-in-law,so it will be treated as “Stridhan”and it has all the characteristic of absolute ownership of property.
In the gift deed it is mentioned that since all the sons of my grandfather were separated to the family and he feels problems due to old age, then he tells my mother for care and best service to him. My mother agree to look after him. My grandfather feels himself very good after looking after my mother and he becomes please and gifts his all the shares (I.e,1.his self earned land & 2.share got from his widow mother’s self earned land) to my mother. Not only look after or care done by my mother,after death of my grandfather & grandmother,their cremination and all the expenses bears by my parents. After death of my grandfather, marriage of two daughters of grandfather also done by my parents and all the expenses bears. Hence, my parents fulfilled all the liabilities of my grandfather not only in his life only but also after his death.
Mam, a new fact comes before us,that my uncle who is living on the land, 08 months ago,an application given to the Executive Officer of Nagar Panchayat and to the Sub Divisional Officer of sub division and in that application he admitted that he is a landless person and at present he lives on rent. He also mentioned that he changes his house on every one or two year.So he praying to SDO and executive officer to alot government land for his residence.
Mam, I have told you all the new circumstances during these years. And the problem becomes very serious. I feel very weak myself and need your kind help. Please suggest me – (1) How can I vacate my uncles from the said land? (2)Title suit or eviction suit which will the better option to vacate them or any other way to vacating them in your consideration and lawfully knowledge. (3)What are the different grounds on which we can fight in the court when we file a case for vacating them?
(4)What are the precautionary steps might be taken by us?
(For more details you can read my previous days mails on your blog on Oct 31,2013 and Nov 2,2013)
Kindly let me know the lawfull suggestions on my above problem.
I will be highly obliged for your this kind.
Thankyou!
Please get back to me with your answers so that I can assess your ability to pursue legal remedies.
I’m concerned about the inheritance money my sisters (abuse victims) will be getting soon as their husbands are already planning on what to do with it. To prevent that I’ve been researching about Streedhan or woman’s estate law. Though I’m still not sure if Streedhan is not related to dowry only. Is there some legal material you can refer or email me. I would appreciate that. I really like your post.
I would like to help.Can you give me more details of where your sisters live?What is their nationality?I want to determine which country’s laws might apply.
Second let me make a distinction clear:Dowry is illegal in India and no man can claim one.No court will help him get one.Stridhan is a woman’s property and again no man can claim it.No court will help him get it.
That said abuse is possible only as long as people put up with it.And I won’t comment as I do not know your sisters’positions.But no law in India will allow a husband to continue to be abusive.But a woman needs to be able to move the state machinery for the purpose.Again no comments as I don’t know the situation.In any case the first order of things for them is to remain safe for no court can bring back a person to life.And pain is pain and no court can erase the experience.And possession is nine tenth’s of the low so no sense in losing control of the money.
Can you elaborate on the inheritance and its exact source so that I can again determine which exact law might apply to it.
No worries,there are many many ways of ensuring greedy husbands can’t get their hands on a woman’s money.
Sister1-age57—was a very intelligent, beautiful, educated(high score Masters Bio Major), witty, creative, loving-mother like etc. But turned into-much older looking than her age, bad health (3 surgeries done, diabetic, BP, Digestive issues, depression, terrible migraines, constant fever-low energy, thyroid/uterus removed, confidence & interest missing in life etc). Over the time she suffered from constant bullying, physical- mental- verbal abuse in many imaginable ways. (Lucknow, husband Engineer-retired)
Sister2-age 54—very simple and naive, beautiful,post-grad. Married to a control freak, self-centered, extremely suspicious guy (threatening with divorce repeatedly). She was not allowed to go anywhere alone, no boy/man to come home in his absence. He was disrespectful or disregardful to my mom too(over a meagre incidence- threw her out from his home once she was visiting them). She tried to commit suicide several times. Even lately she was left to almost die when severely dehydrated and with infection. Him and his mother(who probably threatens him from denial from property) are mean, selfish, non-considerate, mentally abusive to her.( I’m afraid how long she would last like this)(Delhi, husband-retired Medical Rep)
Sister3-age 50— Simple, sincere, truthful who also suffered from quite abusive, mean, selfish, greedy, respect-seeker/controller husband. But after a long struggle, has learnt to live/adjust with him(now in Chicago, husband-forging engineer).
My parents left this world with a heavy heart. Now my mom’s property has become their (2 brother-in-laws in India) dream with all the plans in place. Frankly I can’t see a single penny going to them after how they have been with my sisters and my mom(also my mom’s agony to see her daughters suffer). Despite others tellig me not to interfere, I really want to do something to help my sisters get what they deserve but they are too afraid for—losing peace and family atmosphere, husbands will give them hard time later, who’ll take care of them when sick,where will they go, what will people think etc.
I wanted to know if I can file IPC 408a against them, or section 14 (womens estate law) can be helpful, or what are the other options or who else I can contact, if you can suggest me somethings. I’ve been in Chicago/Atlanta for past 30 years so I don’t know much but have learnt some from internet.
. At present they don’t have enough courage to take any step, so I was just trying to make sure they have control over their inherited money from their parents-because this will give them strength, self-confidence, a chance to grow, make decisions on their own, enjoy life little better and be strong And it belongs to them. Having witnessed all of that frankly I can’t see any penny go to those men
I was also trying to gather info on the Streedhan. So based on the laws made for women, if a Legal Document can be created and signed by them and/or their husbands, that they will have sole right to make decisions about what to do with their stuff; And no one can pressurize them for money transfer or anything like that. In that case a Legal step could be the possibility.
Being quite unfamiliar with these matters I would like to know your suggestions/options for them- can we create a trust? Whether money can be invested on real estate, mutual funds, bank CD’s etc. (with respective solo accounts)
So I was thinking–
a- The legal document to be prepared and signed by the girls at the time on or before the House Closing/Registration (middle of August, may mention Section 14 about Streedhan and women rights. Also including that any form of abuse must not happen
b- If creating a Trust is a good idea then what is the procedure and the relevant information
c- Any other ideas
Please suggest. Thanks
Renu some more questions:
1.Your sisters have children?How old are they?Are they able and willing to support their mother against their father?
2,Any chance this property would qualify as ancestral property?Here is some material for reference https://wealthymatters.com/2011/08/30/self-acquired-and-ancestral-property/
3.Was there a will?
4.What are your sisters’ wishes on the matter?
retrieving it back after a few years of marriage, if the woman is forced to leave her in-law’s house can be really tough.
Why ever let it go out of your control?And why not go with the police and fetch it when things are still fresh?
you know how tricky it can be for a woman who is still trying to make her marriage work. 😦
Again isn’t this the case of women not wishing to take a decision and shouldering their burdens?
You can’t satisfy all the people all the time and it’s not worth it.Either you want out or not.If you want out why not go the whole hog?
single life is too harsh for indian women, only way out is economic self dependence, or else they will end up as abuse vi ctims in their parent’s home.
Is it possible to be a victim if a person won’t allow it?Again its a case of self assertion.And yes a well to do woman anywhere is always a welcome relative.Why expect in-laws to be good when ones own kin are no better and value you more for your wealth?And BTW just earning a salary is not enough,keeping it is something else.There are lots of working women who don’t get to decide what to do with their money or how to spend it.There is no way out of the situation other than to assert oneself.
Hey! it was great, but i think now the idea of stridhan was changed to dowry.
Mounika the difference is that Stridhan means wealth that is owned by a woman and is accepted as such by society.So she is the sole person to decide what to do with it.Dowry is more like wealth owned by her natal family and transferred to her matrimonial family as a condition of marriage.Here the woman never is in control of the wealth.There is no question of the woman being the undisputed owner of the wealth.
Our ancient traditions support the Stridhan concept not dowry.They are very conducive to the independence of woman.Not only is dowry against modern day law but it also has no real shastric support.So there is no reason why women should not assert themselves to get full control of their Stridhan.
I found the info on this post valuable.
Hi keerthikasingaravel, Awesome blog. I will post a link on my facebook page.