Stridhan property-Dowry law in India
Meaning of the word is absolutely clear. “Stridhan” denotes the sole and exclusive property of a woman which is earned, acquired, obtained and possessed by her in a lawful manner. This includes movable and immovable property.
A woman is totally free to use, enjoy and deal with her stridhan in the way she likes without any interference from any body including her own family members either before or after her marriage. Every woman has exclusive and sole right and authority to sell, gift, charge, mortgage and alienate her stridhan.
What constitutes stridhan and how it is acquired?
Any kind of movable and immovable property such as cash, ornaments, deposits, investments, receivables and immovable property in any form may constitute stridhan. The sources of acquisition of such property may be any, all and combination of the following:-
1. Main and primary source of Stridhan is Gift. It might have been received before her marriage, during marriage and after marriage. The gift may be of immovable or movable property and may be received from parents, in-laws, husband, son(s) & daughter(s), relatives, friends and any body.
2. Property received as her exclusive share during partition of family property.
3. Property received by her as a consideration for any compromise.
4. Property earned and accumulated by service, profession, business etc.
5. Property received in lieu of maintenance.
6. Property purchased from her own stridhan.
7. Property inherited by a woman.
Status of Stridhan vis-à-vis family members:- As said above stridhan is the sole property of a woman. No one else, including her husband, in-laws, parents, children have any right or authority to deal with her property without her consent and permission. The Apex Court has also ruled that if the stridhan of a married woman is in the custody of her husband or in-laws, they would act as trustees only and would return the same when demanded by her.
To avoid any dispute regarding stridhan, The Dowry Prohibition Act, 1961 has provided that a list of the presents be made at the time of marriage and maintained according to the rules under the Act.
Denial of a woman’s right over her stridhan is a criminal offence under section 405 & 406 of IPC and is punishable with imprisonment up to 3 years.
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