Difference Between Stridhan And Women's Estate

In traditional Hindu law, property ownership by women has long been a topic of discussion, with two prominent concepts—Stridhan and Women’s Estate—taking center stage. While these terms might seem similar, they represent distinct legal frameworks for property ownership and rights. Understanding the difference between Stridhan and Women’s Estate is crucial for anyone seeking clarity on women's property rights under Indian law, both historically and in modern times.

Stridhan refers to a woman’s absolute property, including gifts, earnings, or inherited assets, over which she has full ownership and control. In contrast, Women’s Estate was a concept under traditional Hindu law that granted women limited ownership rights over certain inherited properties, restricting their ability to transfer or alienate the property.

This blog delves into the sources, features, and legal evolution of these two property types, highlighting their distinctions and modern-day relevance under Indian law.

What Is Stridhan?

Stridhan refers to property a woman receives in her lifetime, intended for her exclusive ownership. This includes gifts received during marriage (such as jewelry, clothes, etc.), gifts received before or after marriage from relatives and friends, property acquired through her own earnings, and property she inherits from her parental side (ancestral or otherwise). She has absolute ownership over her Stridhan and can use it as she deems fit. Her husband or in-laws have no legal right over it. If her Stridhan is misappropriated by them, she has legal recourse to recover it through appropriate legal channels.

Sources Of Stridhan

Stridhana can be received from the following sources:

1. Gifts from relatives: Gifts received by a woman from her parents or relatives are included in Stridhan.
2. Gifts from strangers: Gifts received by her from strangers during her marriage are a part of Stridhan.
3. Self-acquired property: It includes property that a woman acquires on her own, using her expertise, labour, and skill.
4. Property purchased with Stridhan: If a woman purchases property using her Stridhan, it is also a part of Stridhan.
5. Property in lieu of maintenance: Where a woman received property in place of maintenance, it is a part of Stridhan.

Features Of Stridhan

The following are some of the characteristics of Stridhan:

1. Stridhan is the woman's absolute property. She has complete control over the property, including the right to sell, dispose of, gift, or mortgage the property.
2. She can transfer the property on her own will.
3. Sections 15 and 16 of the Hindu Succession Act of 1956 pass the property to her legal heirs upon her death. Section 15 lays down the general rules of succession for a Hindu female's property, and Section 16 provides the order of succession.
4. The woman has control over this property regardless of her marital property.  

What Is A Woman's Estate?

"Women's Estate" was a form of limited ownership recognized under traditional Hindu law before the Hindu Succession Act, 1956. It applied to certain properties acquired by a woman, often through inheritance from male relatives or certain types of gifts. A woman holding property as a "Women's Estate" had the right to its possession, use, and income during her lifetime. However, she had limited powers of alienation, meaning she could not freely sell, gift, or otherwise dispose of the property except under specific circumstances of legal necessity or with the consent of the next reversioners (those who would inherit after her death).

Features Of Woman’s Estate

The following are features of a woman's estate:

1. The woman is the limited owner of the property. She cannot dispose of or alienate it without the consent of others involved in it.
2. Her right to alienate it is restricted to some circumstances, such as legal or religious duties. Otherwise, she is not allowed to dispose of it in any way.
3. When the woman dies, the property returns to the heirs of the last complete owner. Her heirs have no right to it.
4. While she has the property, she is responsible for caring for it. 

Difference Between Stridhan And Women's Estate

Here’s the key difference between Stridhan and women’s estate:

Case Laws

Here are some case laws are:

Radha Rani vs. Hanuman Prasad (1965)

The court noted that Section 14 of the Hindu Succession Act, 1956, gives women rights over their property. This right is available to all Hindu females, and she becomes the absolute owner of the property. No one can limit her control over it.

Ashok Laxman Kale vs. Ujwala Ashok Kale (2006)

The court held that an educated girl should know how to care for her Stridhan. She should keep it safe in a bank account and store it safely. She should keep track of her gifts and record them somewhere. 

Prakash vs. Phulavati (2016)

Phulavati filed a suit to partition the property after her father's death and claimed a one-seventh share. While the suit was pending in court, the Hindu Succession Amendment Act, 2005, was passed. This act gave daughters the right to become coparceners. Now, she asked the court for an equal share in the property as her brothers. The Supreme Court held that women have a right over property, but the amendment is prospective so that it won't apply in this case.

Vineeta Sharma vs. Rakesh Sharma (2020)

The above-stated case was overruled. There was a lot of confusion about whether the amendment was prospective or retrospective. The Supreme Court held that a daughter is a coparcener by birth, irrespective of when her father dies.

Conclusion

Understanding the difference between Stridhan and Women’s Estate is essential for appreciating the progress in women’s property rights under Indian law. While Stridhan grants a woman absolute ownership and control over her property, including the freedom to transfer or dispose of it as she wishes, Women’s Estate was a restrictive concept under traditional Hindu law, limiting a woman’s ability to alienate the property.

The enactment of the Hindu Succession Act, 1956, marked a significant shift, converting Women’s Estate into absolute ownership, aligning with the principles of equality and empowerment. Today, the concept of Stridhan remains relevant and legally protected, ensuring women have rightful control over their assets.

By exploring these distinctions, we gain insight into the historical and legal evolution of women's property rights in India. This awareness helps promote financial independence and strengthens the foundation for gender equality in inheritance and ownership laws.