LAW 203 (II) - Hindu Law

Hindu Women’s Property Stridhan

& Widow’s Estate
Course Instructor
Dr. Nabaat Tasnima Mahbub
 Hindu Women’s Property

The recognition of woman’s right of inheritance is of recent origin.

In primitive stage, Hindu Law regarded women inherently incompetent to
hold property.
It was the rule of ancient Hindu law that on the husband dying issueless,
the wife had merely the usufruct of her husband’s property till she could
beget a son, if she could not, the property passed to her husband’s next
heir.
According to Gour’s Hindu Code, “The general quality of women’s
property is its limited character, her restricted power of alienation and on
her death; it reverts to the line of the last male owner.”
 Two Kinds of Women’s Property

Women’s property is a generic term and embraces property which a woman

may acquire
by inheritance or partition or
it may come to her by gift from her parent, husband or his or her other relations.
Women’s property can be divisible into property,
over which she possesses only a limited power of disposal and
that over which she possesses the absolute power of disposal.
The former is called the widow’s estate and the later is called stridhan.
 Stridhan

The term ‘stridhan’ is the conjunction of two words

‘stri’ which means woman and
‘Dhan’ which means property.
Thus, conjunctively these two words imply that property over which a woman has an absolute
ownership.
This term was first used in Smritis which meant ‘woman’s absolute property’.
According to Manu, “Gifts made before the nuptial fire at the bridal procession and given as a token
of love by father, brother and mother”.
Yajnavalkya defines stridhan as “What was given (to a woman) by her father, the mother, the
husband or the brother or received by her before the nuptial fire,or presented to her on her
husband’s marriage to another wife and the rest is denominated stridhan”.
According to Jimutivahana of the Dayabhaga School, “Stridhan property is that property which a
woman has power to give, sell or use independently of her husband’s power”.
 Widow’s Estate

The typical form of estate inherited by a woman from a male is what is known as the
Widow’s Estate.
The same limitation applies to all estates derived by a female by descent from a male,
or a female, whether she inherits as daughter, mother or a grandmother, sister or as
any other relation.
According to Dayabhaga school, “Every female, whether she is a mother, daughter or
so forth, who succeeds as a heir to the property of a male, takes only a limited estate in
the property inherited by her. Upon her death it passes not to her heirs but to the next
heir of the male from whom she has got the property.”
A widow inheriting her husband’s property is not a tenant for life but is the owner of the
property inherited by her, subject to certain restrictions on alienation and devolution.
The whole estate is for the time being vested in her and she represents it completely.
 Stridhan and Widows Estate - Distinctions

Stridhan Widow’s Estate

Concept - Stridhan means those gifts Concept - The term widow’s estate
made before the nuptial fire at the means property inherited by a female
bridal procession by her father, from a male.
mother, brother and those which she
receives after her marriage.
Devolution of the property - Her
Devolution of the property - other property in which she has only
Stridhan of every description a widow’s estate is inherited by her
belonging to a woman passes to her husband’s heirs.
own heirs on her death.
Stridhan and Widows Estate - Distinctions

Stridhan Widow’s Estate

Nature of the right over the property Nature of the right over the property
Stridhan belonging to a woman is her She is only a limited owner of such
property in absolute right.
property in which she takes only a
She can dispose of it at her pleasure limited interest, the nature and extent of
during coverture and widowhood.
which depend on the character of the
A gift to her by her father constitutes property.
her Stridhan which she can sell,
mortgage, give away or otherwise Thus, property inherited by a widow
dispose of at her will. from her husband is not her stridhan.
She has only a widow’s interest in it.
She is entitled to its possession and
income but cannot alienate it except in
special cases.
Stridhan and Widows Estate - Distinctions

It may be summarized from the aforesaid discussion that

“Widow’s estate is the limited estate inherited by a Hindu
widow, contra-distinguished from stridhan which earns
absolute estate to her according to Hindu law and stridhan
means that over which the woman has control.”
Widow’s right to alienate property inherited
from her husband

A widow has no absolute power to alienate the property inherited by her

from the deceased owner, except for the following purposes:

Religious or charitable purposes

Other purposes amounting to legal necessity

For the benefit of the estate

Alienation by widow for religious or charitable
purposes

A widow may alienate the estate inherited from her deceased husband, for
certain religious or charitable purposes. These purposes may be divided into two
classes namely:

The performance of the funeral rites of the deceased owner and the payment
of his debts.

The performance of religious ceremonies of persons other than the deceased

owner and religious or charitable acts which are supposed to conduce to the
spiritual welfare of the deceased owner.
Alienation by widow for religious or charitable
purposes

The performance of the funeral rites of the deceased

This class relates to acts which are essential and obligatory.
As regards the performance of the obsequies of the
deceased owner and the payment of his debts, if the income
of the estate is not sufficient to cover the expenses, the
widow of the deceased is entitled to sell the whole of it.
Alienation by widow for religious or charitable
purposes
The performance of religious ceremonies of persons other than the
owner and other religious and charitable act:
This class relates to acts which although not indispensable or
obligatory are still pious purposes which conduce to the benefit of the
soul of the deceased.
In the case of Sadar Singh V. Kunj Behari Lal (1922), it was held that
“A widow can alienate a small portion only of the estate for the pious or
charitable purpose, though it was not an obligatory purpose”.
Alienation by widow for religious or charitable
purposes

Religious and charitable purposes

Performance of the funeral and shraddha ceremonies: The performance of the
funeral and straddha ceremonies of the deceased owner is essential and obligatory.
Thus, a widow may alienate property inherited by her husband for the performance of
funeral and straddha ceremonies of the husband.
Performance of religious ceremonies of other persons: Performance of religious
ceremonies of persons whose ceremonies the deceased owner was bound to perform,
as for instance, the shraddha of the husband’s mother, is not essential or obligatory. But
the widow can alienate her property for such purpose.
Alienation by widow for religious or charitable
purposes
o Religious or charitable work for spiritual welfare of the husband: Religious and charitable
acts which conduce to the spiritual welfare of the husband, are not obligatory upon the widow
though she can perform such duty.

o No mathematical limit can be fixed to the power of alienation of a widow of her husband’s
property for the purpose of religious acts which conduce to his spiritual benefits.

o In the case of Venkatasubba Rao V. Ananda Rao (1934) an alienation made by a widow to
pay off debts incurred by her for the Upanayana ceremony and marriage of her daughter’s
son were upheld provided that the debts were reasonable according to the ordinary notions of
Hindus.

Payment of husband’s debt: The obligation of a widow taking her husband’s property to pay his
debts has been held to be a pious duty coming under the head of religious duties.
 Alienation by widow for legal necessity

The power of a widow or other limited heir to alienate the estate inherited
by her for purposes other than religious or charitable is analogous to that of
a manager of an infant’s estate.

The word necessity when used in this connection has a special and
technical meaning. It does not mean actual compulsion but the kind of
pressure which the law recognizes as serious and sufficient.
 Alienation by widow for legal necessity

Purposes of legal necessity

Different kinds of costs: Cost of taking out probate or letters of administration or a succession certificate in respect
of the estate of the deceased owner falls under legal necessity to alienate estate.

Payments of arrears of government and other rents: Payments of arrears of govt. revenue and of decrees for rent
accrued due after the death of the husband, provided that the widow had no funds when she mortgaged or sold the
property to pay the revenue falls under legal necessity. But it must be showed that such mortgage or sale was
absolutely necessary in order to discharge the debt.

Maintenance of herself and other members: Maintenance of herself and of persons whom the deceased husband
was bound to maintain, such as his mother, unmarried daughter or paying off debt incurred for family expenses falls
under legal purpose for which the widow can alienate property inherited from her husband.
 Alienation by widow for legal necessity

o Marriage expenses: Marriage of relations of the deceased owner, such as his daughter,
son’s daughter, daughter’s daughter and others are a burden on the estate for which the
widow can alienate the estate.

o Gifts made by the widow: Gift by a widow to her daughter on the occasion of her
marriage, a gift to her son-in-law on the occasion of her daughter’s marriage or a gift by
way of marriage customary present may fall under legal purpose of alienation by widow.
But in each case the gift should be of reasonable amount.
 Benefit of the Estate

A widow or other limited owner can alienate not only for legal necessity
but also for the benefit of the estate.
An alienation of property to meet the costs of litigation necessary for
preserving the estate is alienation for the benefit of the estate.
So, too alienation for making necessary repairs to properties belonging to
the estate.
But an alienation for developing or improving the property is not one for
the benefit of the estate, though it may bring additional income.