STREEDHANA

There were a variety of limits and limitations on the powers of female heirs in relation to property prior to the passage of the Hindu Succession Act, 1956. She lacked full and inheritable capacity. Section 14 of the Hindu Succession Act, 1956, now confers absolute and heritable capacity on a female heir in respect of all property acquired by her before or after the commencement of this Act, subject to certain conditions. She now owns the property as a full owner, rather than as a limited owner.

Meaning of Streedhana

The name 'Streedhan' comes from the Sanskrit words 'Stri', which means woman, and 'dhan,' which implies property. As a result of merging these two words, we get 'woman's property,' her 'Streedhan.' This term has been employed in a variety of ways by Hindu law schools.

According to Section 14 of the Hindu Succession Act, 1956 property obtained by a woman from the following sources is her absolute property-

• by inheritance
• By device –through will or a settlement
• At a partition
• In lieu of maintenance
• By gift
• By personal Skill or exertion
• Purchase and prescription –with the help of her own funds
• Acquired in any other manner- property received under a decree or award, or through adverse possession

Gifts include-

• Adhyagni- gifts made before the nuptial fire, at the time of marriage
• Adhyabahanika- gifts made at the bridal procession
• Pritidatta- gift made in token of love, those made by her father in law and mother in law
• Padavandaika- gifts made at the time of touching the feet of elders
• Adhivedanika- gifts made by husband to his wife on supersession
• Anwadheyaka- gifts made by relatives of husband and relatives of the parents after marriage
• Sulka- gift for dissolution of marriage
• Gifts made by father
• Gifts by mother
• Gift by brother
• Gifts from sons and relatives

Whether a particular kind of property acquired by a woman was streedhana or not depends on upon the source from which the property was acquired, her status at the time of acquisition and the school to which she belongs. Even during widowhood, a woman is not the absolute owner of property that is not her Streedhana, nor may she dispose of it at her leisure.

Rights of a woman over her Streedhan

The bride has complete and sole control over all Streedhan acquired throughout the marriage. This includes both moveable and immovable property, which she can sell, alienate, or give away at any point during her lifetime and afterward. Her spouse and in-laws' relatives have no claim to a woman's Streedhan. We must recognise that the wedding costs and dowry are not Streedhan, as determined in Ashok Laxman Kale against Ujwala Ashok Kale.

• A woman has complete control over her Stridhan fortune. She has the authority to sell, divide, or give it away as she sees fit for her lifetime and beyond.

• A woman's husband and in-laws' family members have no rights to her Stridhan.

• A woman's husband may use her Stridhan in times of distress or urgency, but he has a moral and legal obligation to return it to her in the same condition or value.

• Tax-free gifts received by a lady from her close relatives are possible. She is not liable for any taxes. She is, however, obligated to pay tax on any income derived from assets passed to her under Stridhan.

• If you have jointly owned property or your wife is a stay-at-home mom, you can avoid the "Clubbing of Income" rules. In exchange for the wife's jewellery or Streedhan, a husband can transfer / purchase a portion in the property.

• According to the Supreme Court's decision, women can claim stridhan even if they have separated (divorced) from their husband.

• In the vast majority of cases, Stridhan property is not subject to court attachment.

It is usually practical and preferable that any girl, particularly educated girls of today, keep a list of their Streedhan. They have also become capable of looking after their own Streedhan in terms of security, such as opening a bank locker in their single names for the purposes of storing jewellery and instruments of money, property, and so on, or keeping it under lock and key.

A woman can take the following precautionary steps to protect her Streedhana:-

• Before, during, and after marriage, the lady should make a list of all gifts and properties obtained from her family, husband's family, friends, and other acquaintances. There should also be two witnesses. (However, the court does not have to accept everything; remember, anything can be contested in a court of law.)

• It's a good idea to keep track of all the gifts you get, such as wedding photos and bills/documents in her name.

• A working woman should keep her own bank account.

• If a woman's family uses Stridhan to buy assets, it's a good idea to keep track of them.

• Rather than expensive consumer products or presents, a woman can ask her parents to give her income-generating assets. Documentation for non-consumption things is simple to come by. Relationships have been put to the test as times have changed. And in stormy times, you'll need your Stridhan to help you sail, and the onus of demonstrating it's yours is currently on you (given the current law/rules).

Women's protection laws, such as the Streedhan Act, should not be abused by women to extort, harass, humiliate, or unjustly accuse innocent members of their in-laws' families.

Dowry vs streedhan

In a country like India, where even the strictest laws have failed to totally eradicate the dowry scourge, 'Streedhan' has become a requirement for every woman. Women have the right to claim their riches at any time and utilise it in whatever way they see fit. Streedhan, as the name implies, refers to the woman's riches and other possessions that she carried from her parents' house before, during, or after marriage.

However, there is a widespread misconception in society about this age-old custom of parents offering their daughter her portion during the marriage. Streedhan is sometimes misconstrued as dowry, despite the fact that the law of the nation defines it differently. Dowry is defined by domestic law as any property or valuable security given or agreed to by the bride's side to the bridegroom's family before, during, or after marriage by exploiting or threatening the girl or her family, whereas Streedhan is a voluntary gift given to the bride as a stepping stone to establishing her own property by members of the bridal side. There are strong Streedhan laws in place, and if the groom's side refuses to restore income when it is claimed, they may face severe consequences under Sections 405 and 406 of the Indian Penal Code.

Pratibha Rani vs. Suraj Kumar

The Supreme Court noted throughout the hearing that the complainant (Pratibha Rani) had been harassed by her in-laws and denied her Streedhan by his husband's family. The Supreme Court noted that the case depicts the predicament of a divorced wife. According to the court, she suffered a great deal during the judicial process.

On February 4, 1972, Pratibha Rani married Suraj Kumar. On Kumar's demand, Rani's family gave him Rs 60,000, gold jewellery, and other costly stuff. However, as soon as Rani reached her marital house, her in-laws began torturing her for dowry. She and her two little children were ejected from her in-home, law's and she was denied money and other necessities for life.

She had filed two charges under section 125 of the Criminal Penal Code and breach of trust against her husband and in-laws. The lower court ruled in her favour, but she received a reversal from the Punjab and Haryana High Court, which was then upheld by the Supreme Court.

written by- Pratishtha Gupta, LLB 2nd year