Succession to “Stridhan” under Hindu Succession Act, 1956

The Hindu Succession Act, 1956 has abrogated the law relating to Stridhan which existed prior to the incorporation of Section 14 in the Act. Section 14 provided that every property which was in possession of a Hindu female at the time of the enforcement of the Act, whether acquired prior to or subsequent to the Act, became her absolute property.

Image Source: upload.wikimedia.org

The old law relating to the order of succession to such property has been done away with and a new order of succession has been introduced in its place, which included females as well. A uniform law relating to various categories of heirs has been contained in Section 15 of the Act.

Since every property validly in her possession became her stridhan, a full uniform law of succession to such property had become essential. Thus on the death of a Hindu female intestate, her stridhan devolved according to the rules contained in Section 15 and 16, but in no case according to the old law.

Section 15 lays down that when a Hindu female dies intestate leaving her stridhan, it would devolve upon the following categories of heirs according to the rules provided fn Section 16 of the Act:

Firstly, upon sons and daughters (including the children of a predeceased son or daughter) and husband;

Secondly, upon the heirs of husband;

Thirdly, upon father and mother;

Fourthly, upon the heirs of father;

Fifthly, upon the heirs of mother.

Difference between Widow Estate and Life Estate:

Both the life estate and limited estate come to an end on the death of the estate holder. In spite of their resemblance they differ from each other in the following aspects.

(1) Life-estate arises by grant and limited estate arises by inheritance.

(2) The remainder (the person inherits the property after the death of the like estate holders) has a vested interest. In the limited estate the reversioner has no vested interest till the death of the widow. The reversioner has got only the interest of spes successions, i.e., a mere change of getting the property.

(3) There are differences with regard to the alienatory power of the life estate and limited estate.