WOMEN’S RIGHT TO PROPERTY UNDER SECTION 14 OF THE HINDU SUCCESSION ACT AND STRIDHAN

Manjunatha N G

WOMEN’S RIGHT TO PROPERTY UNDER SECTION 14 OF THE HINDU SUCCESSION ACT AND STRIDHAN

Under the old Hindu law, property held by a female was of two categories – Stridhan and Non-Stridhan. Stridhan was considered as her absolute property, which she could alienate according to her wish, with an exception of her husband’s dominion during distress. That property on her death devolved upon her own heirs. Thus, she was a fresh stock of descent in respect of her Stridhan property. When a female inherited property from a male or female, it was treated as her non-Stridhan property over which she had no power of disposition by sale, mortgage, lease, gift or will, according to all schools of Hindu Law except the Bombay school. The estate held by the female was popularly known as ‘Woman’s Estate’ in which she had no interest in the property beyond her life. She had a limited right to alienate the property only in case for necessity or for religious purposes. Under the Hindu Women’s Rights to Property Act, 1937, the old Hindu law of all schools was amended so as to confer greater rights on women but it only gave a limited interest in property known as ‘Limited Estate’. In 1956 the parliament enacted Hindu Succession Act conferring absolute property rights on women through section 14. In the present project I have endeavored to trace the developments in this provision in 54 years of its existence.

Volume 5 Issue 12, December-2020

Pages : 65-72