Hindu Law: Woman’s Right to Own and Acquire Property

In Hindu law, the concept of ‘Stridhana’ refers to the property of a woman in which she has an absolute ownership over it. She can alienate such property too. ‘Stridhana’ as defined by sage Yajnavalkya, includes presents given to a woman by her father, mother or husband or brother or whatever is received before marriage or on the occasion of the second marriage of her husband.

Under the Dayabhaga school of old Hindu law, there are restrictions placed on the ownership rights of a woman in the context of owning property. A woman is not considered to be an absolute owner of the property that is acquired by her, other than the six categories listed by the Dayabhaga school. Also, a woman is regarded only as a limited owner of her inherited property.

Following the introduction of the Hindu Succession Act, 1956, the concept of limited estate was abolished. Section 14 of the Act eliminated the difference between an absolute property and limited estate. Nonetheless, Section 14 of the Act features some restrictive clauses pertaining to the definition of property. The Act further provided that a woman possessing limited estate previous to the commencement of the Act, shall now be the absolute owner of such property.

Hindu Law: Landmark Ruling on Woman’s Right to Own Property

The provisions of Hindu law appear to be anomalous on property ownership rights of Hindu women. This element of uncertainty pertaining to the absolute and limited ownership of property was eliminated in a landmark case, Sumeshwar v. Swami, 1970 Pat. 348. In this case, the Patna High Court held that if a woman acquires property that is related to her antecedent right or interest in the property, she shall be the absolute owner of such property. It was further held that after the enforcement of the Act, a previously limited owner of a property shall be bestowed with absolute ownership of the property.

It was further held that if such an acquisition is not related to a Hindu woman’s antecedent right or interest in the property and the acquisition is restricted by the restrictive clauses of the section 14 of the Act; the woman will not be absolute owner of the property. Her ownership will be subjected to the restrictive clauses in the property.