Woman's Property:
The Hindu Succession Act 1956,the property of a Woman was categorised under two heads namely:
1. Stridhan and
2. Woman's Estate.
1. Stridhan:
The Word "Stridhan" literally means " Woman's Property".But in Hindu Law,it has along,been given a technical meaning.In general,the following types of properties come within the purview of Stridhan:
1. Gifts and Legacies(bequests) from Relations
2. Gifts and Legacies(bequests) from Strangers
3. Property acquired by Self exertion and Mechanical Arts
4. Property purchased with Stridhan
5. Property acquried by Compromise
6. Property obtain by Adverse possession and
7. Property obtained in Lieu of Maintenance.
Characteristic Features of Stridhan:
Stridhan has all the characteristic features of the absolute ownership.It means that she has a right to use,Gift,Mortgage,Lease,Exchange or if she chooses,she can destroy.
On her death,all types of Stridhan passed to her Heirs(and not to the heirs of last male owner).
Succession to Stridhan:
The devolution of Stridhan in ancient times,different schools,adopted different rules.According to Vignaneswara,the Woman's property goes to her daughter.In case of a Maidan,her property goes to Male i.e. her Uterine Brother.In the absence of the Uterine Brother,it goes to her Mother. In the absence of the Mother,it goes to her Father.
The Hindu Succession Act,1956 abrogated the Old Laws.It lays down the provisions relating to devolution of Woman's Property.
2. Woman's Estate:
The following two categories of property come within the meaning of Woman's Estate:
1. Property obtain by inheritance and
2. share obtained on Partition.
Characteristic Features of Woman's Estate:
The female takes it as alimited owner and hence it is also known as "Limited Estate".
The Hindu Woman's Right to Property Act,1937 conferred on Hindu Woman,life Estate or Limited Estate on her husband's property.She was the absolute owner of such property subject to the following two limitations:
a) Power of Management and
b) Power of Alienation.
a) Power of Management:
The Hindu Woman's Power of Management is absolute.Her position in this respect is some what superior to that of the Karta of Joint Family.The Karta is answerable to everyone.But,She is the sole owner and is not answerable and accountable to anyone.She continues to be the owner until the forfeiture of estate by her Remarriage,Adoption,Death or Surrender.
b) Power of Alienation:
She can alienate the property for the following purpose.
i) Legal Necessity
ii) For benefit of the Estate and
iii) To discharge Indispensable Religious Duties.