Stridhana: A Critical Approach Research Methodology Scope and Objective of the Study (original) (raw)
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The General provisions and applications of stridhana under Hindu law
Stridhan is an absolute property that a girl receives during her lifetime. It is a property supposed for her sustenance and maintenance. The property includes the whole lot held via her. From the historic instances itself, the women's right to property was very confine however thehusbandshave important energy on all the homes and even in stridhan. The thinking of stridhan was identified in Hindu law from the in the past instances itself, however, at that time, they do now not have full possession over the property. After the enactment of the Hindu Succession Act, 1956, the houses that belong to a Hindu female are considered as absolute property of her and she has full proper over it. The intention of this article is to codify and aggregate the concept of stridhan under Hindu law, where all the provisions related to characteristics, application, objects, outstanding provisions of stridhan are incorporated
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In India, the familial relations of any citizen, including inheritance, are governed by law related to his or her religion, which came to be known as personal law. The property rights of Hindu woman from the vedic age refl ected that daughter was given a share equal to that of a son, who in the later age of smritis ( traditional law) , came to inherit only in the absence of male issue. The nature of property of a Hindu woman, stridhanam (woman’s property) thus came to be distorted from absolute property right to ‘limited estate’ known as ‘woman’s estate’. That is, the property passed only to the next heirs of the last male owner of the female intestate. The legislations in the pre-independent India strengthened the position of Hindu woman. But the later laws limited her interest in property to the sense that she could alienate it for certain purposes only and the property possessed by her devolved on the heirs of her husband and not on her own heirs. The retention of testamentary po...
Journal of Law and Religion, 25th Anniversary issue. Vol. XXIV, No. 2, 101-122. , 2009
The right to succeed ancestral property for the Hindu women can be traced back to ancient Hindu literature like the Vedas, Puranas, Ramayana and Mahabharata in the form of Stridhan. Indian succession laws since time immemorial gave women a separate status for inheriting ancestral and marital properties. But a gradual degradation in women’s position as property owner was noticed during the period of Manusmriti and it became worse during the medieval period. During the pre-British period, Indian succession laws were guided by customary and Shastric laws where women were nearly excluded from inheriting the parental property. However, the British colonial rule re-established women as successors, even though to a very limited extent. After Independence, India had several succession laws, but the position of women was never equal to their male counterparts. The reason for such inequality lies in the history of patriarchal Indian society and in the ambiguous status of women in Hindu society since the ancient period. It was only in 2005, that the five thousand year-old discrimination of women with regard to succession of landed properties was lifted by the Hindu Succession (Amended) Act 2005. This article attempts to review the developments carried out by the ancient law givers as well as modern legislatures in India regarding succession rights of Hindu women, and critically examines the new status of Hindu women as property owners.
Journal of Law and Religion, 2008
Hindu women's legal right to inherit property has been restricted from the earliest times in Indian culture. In the ancient text Manusmriti, Manu writes: “Her father protects her in childhood, her husband protects her in youth and her sons protect her in old age; a woman is never fit for independence.” However, women were not always excluded from inheriting movable or immovable property from ancestral and marital families. But their proportion of share in the property was far less than that of their male counterparts.Throughout history, restrictions on Hindu women's property rights have undergone change, and current laws governing these rights are more liberal than those of ancient Hindu society. Patriarchal Hindu society provided women with property known as stridhan (literally, women's property or fortune), and it mainly came from marriage gifts (clothes, jewelry, and in some rare cases, landed properties). However, women were denied property rights to the ancestral or...
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In the ancient Hindu society where widows were subjected to the inhuman practice of Sati, there was no discussion over giving them property rights, and they would be divested of their husbands' properties. With the advent of the British colonial rulers in India, the widow's rights started being recognized, first with the Bengal Sati Regulation, 1829 which abolished Sati, followed by the Hindu Widow's Remarriage Act, 1856. However, widows were still far from getting property rights. Before 1937, the widow of a Hindu governed by Mitakshara and as well as Dayabhaga law had only a right of maintenance in respect of coparcenary property in which the husband had interest. This Paper aims at tracing the evolution of widow's rights in property from the ancient rules of Hindu Law through the Hindu Women's Right to Property Act, 1937 of British India and the Hindu Succession Act, 1956 which came up post-Independence of India. The analysis will be augmented by discussions around the recent jurisprudential developments in this regard. Finally, the Paper entails a comparative analysis of widow's right to property under Hindu Law and other Personal Laws of India.
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The laws dealing with intestate and testamentary succession in India are not uniform. A variety of laws are in vogue whose application depends on multiple factors. While the Hindus, Muslims, Christians, Parsis and the Jews have distinct personal laws of their own, the Scheduled Tribes in India are governed by their uncodified customary laws of inheritance and enjoy constitutional protection of their culture and identity. Customary laws of tribals are majorly left untouched based on the assumption that it is in the best interests of the concerned tribal communities. The same, however, need not be necessarily true. Further, women empowerment and gender justice is a common phenomenon of modern democratic world which is receiving a high degree of popularity in all the societies but nevertheless, it must be implemented keeping in view social concerns and with the help and support of each and every component of society. A woman can be said to be truly empowered when she is economically so and this depends, inter alia, on their right to hold and inherit property.
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