Hindu Law and Sources of Woman’s Property
Mon, 04/05/2010 - 10:59 — LIG Reporter
Hindu law prescribes acceptable sources of woman's property. Under Hindu law, a Hindu woman can acquire property through any of the prescribed sources.
They are:
- Gifts and bequests from relatives.
- Gifts and bequests from strangers.
- Property secured on partition.
- Property given as maintenance.
- Property that is obtained as inheritance.
- Property that is acquired by mechanical arts.
- Property that is obtained by compromise.
- Property that is acquired by diverse possession.
- Property that is purchased using Stridhana or income from Stridhana.
- Property given as part of bequests and gifts.
- Property from any other sources other than the abovementioned sources.
Hindu Law: Gifts from Relations Constitute Woman’s Property
All schools of Hindu law (except the Dayabhaga school) recognize that gifts from relatives constitute woman’s property, provided:
- The gifts are made before the nuptial fire.
- The gifts are made at the bridal procession.
- The gifts are given when the bride is touching the feet of elders.
- The gifts are given after marriage.
- The gifts are made on supersession.
- The gifts are made as a marriage fee.
- The gifts are an expression of affection from the in-laws.
- The gifts are from the husband.
Hindu Law: Gifts from a Stranger Constitute Woman's Property
In Hindu law, gifts from a stranger are acceptable by a Hindu woman as given below:
- Gifts given to her during maidenhood.
- Gifts given before the nuptial fire or the bridal procession.
- Gifts that are bequeathed as per the Bombay, Benares and Madras schools of law.
Further, in Hindu law, any property given or bequeathed to a Hindu female during the period of widowhood is treated as her Stridhana as well.
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