Court : Mumbai
Reported in : AIR1950Bom178; (1950)52BOMLR238
..... would be invalid. it has been argued before us that in coming to the conclusion that the property obtained by a female by succession from her parents is non-saudayika stridhana the original sanskrit texts have not been properly construed. the argument is that the said tuxes, if properly construed would not justify the distinction between property obtained by a female ..... is of pa amount importance and the word stridhana has always been interpreted by judicial decisions of this court in a very liberal way. when this question was raised before the privy council, however, their lordships did not accept ..... belonging to a woman and however it may have been obtained by her is her stridhana. the other commentators who followed vijnyaneshwar generally accepted his lead, though in some cases they were disposed to make reservations of their own. in this province the commentary of vijnyaneshwar ..... . but when vijnyaneshwar (1070 a d to 1100 a. d. ) wrote his commentary on the smriti of yajnyavalkya he brushed aside all these limitations and stated clearly that the word stridhana in the contest must be construed literally and etymologically and that it was not intended to be construed in a technical way. thus, according to vijnyaneshwar, property of any description .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1977P& H141
..... mulla's work.23. lastly, in this context, learned counsel for the respondent referred to the concluding sentence of the explanation-- 'and also any such property held by her as stridhana immediately before the commencement of this act.' it was submitted that this had an integral connection with the preceding language and was used as a residuary clause to include within ..... by and large the language used herein consisted primarily of terms of art having particular reference to the peculiar incidence of limited ownership of a hindu female as regards her stridhana property.21. in support of the aforesaid contention and as examples thereof, he first pointed out the words 'inheritance or devise' which, according to him, would be clearly related ..... and himself relied on the language of this very explanation for contending that the different enumerations of property mentioned therein were deeply rooted in and connected with the concept of stridhana in the pre-existing hindu law. he submitted forcefully that this language should not and ought not to be read in isolation and be divorced from its basic 'background. ..... right of ownership as regards this property acquired by a woman by her own skill or exertion again differed according to various schools. whilst such property acquired during coverture was stridhana according to bombay, benares and madras schools, it was not so according to the mithila and dayabhaga schools. speaking generally, property acquired by her own exertion by a hindu .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT1996(11)SC175; 1996(9)SCALE388; (1997)2SCC397; Supp10SCR347
..... , brothers and other relatives at different ceremonies prior to her marriage and after the marriage at the time of bidai (farewell). she claims that all these articles constituted her stridhana properties and were kept in the custody of the respondent-husband. the respondent had asked the appellant to entrust for safe custody all the jewellery and cash mentioned in annexure ..... a demand on december 5, 1987 to return the jewellery as detailed in annexure i and household goods mentioned in annexure ii but the respondent flatly refused to return her stridhana properties. consequently, she filed a private complaint on september 10, 1990.4. after recording her statement under section 200 of the code, the learned magistrate took cognizance of the ..... .10. raghavachariar's 'hindu law - principles and precedents' [8th edn.] edited by prof. s. venkataraman, one of the renowned professors of hindu law para 468 deals with 'definition of stridhana'. in para 469 dealing with 'sources of acquisition' it is stated that the sources of acquisition or property in a women's possession are: gifts before marriage, wedding gifts, gifts ..... . in this backdrop, the question that arises for consideration is: whether the fact of a wife's having been driven out from the matrimonial home without taking along with her stridhana properties, amounts to entrustment with the husband within the meaning of section 405, ipc? section 405 defines 'criminal breach of trust thus:405. criminal breach of trust. - whoever, being .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1998IIIAD(SC)363; AIR1998SC1388; JT1998(2)SC597; (1998)IIMLJ133(SC); 1998(2)SCALE441; (1998)4SCC231; 2SCR390; 1998(1)LC553(SC)
..... the view that it is not permissible for the appellants to introduce principles relating to maintenance of a wife or mother into the interpretation of the word 'stridhana land' in section 3(42) of the act.27. can it be said that the second appellant was 'holding' the land on 15.2.1970? ..... hindu law:22. appellants want to rely upon the right to maintenance inhering in a female under hindu law for the purpose of construing the definition of 'stridhana land' in section 3(42) of the act. question arises whether while dealing with definitions under land ceiling laws - which are applicable to persons governed by ..... if such partitions or transfers would otherwise have been invalid. now section 3(42) does not deal with invalidity of partition or transfers but deals with stridhana land. the subject matter of the enacting part of section 21a does not have any connection with subject matter of section 3(42). hence it is ..... insist that the land allotted to the second appellant under the deed on 24.9.1970 shall further conform to the conditions contained in the definition of 'stridhana land' in section 3(42), namely, that she must be holding the land as on 15.2.1970.18. it is well settled that while ..... partition deed dated 24.9.1970 executed between the appellants' son, balaguruswamy and his wife should be excluded from his (the 1st appellant) holding as being 'stridhana land' of his wife, within the meaning of the said expression in section 3(42) of the act, to the extent permissible under section 5(4) .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1979SC1905; (1979)4SCC209; 1SCR396; 1980(12)LC266(SC)
..... from a reading of the definition of the expression 'stridhana land' in section 3(42) of the act and the provisions of section 5(4) of the act, we are of opinion that the state legislature ..... in question becomes liable to be included in the holding of the appellant for purposes of determination of the surplus land does not make any difference between stridhana property of a female acquired after the commencement of the act by inheritance or bequest from any person and any other property held by her family. ..... 30 standard acres, the female member concerned may hold, in addition to the extent of land which the family is entitled to hold under sub-section (1), stridhana land not exceeding 10 standard acres....section 7 of the act read as follows :-7. on and from the date of the commencement of this , act, ..... high court against the appellate order. the high court allowed the revision petition holding that the extent of 8.81 standard acres acquired by devika was not 'stridhana land' as defined under section 3(42) of the act and could not be treated as such while determining the surplus land. the high court further ..... of 8.81 standard acres which had been bequeathed in favour of his wife, devika by his mother sivagami achi under the will referred to above was stridhana land and had to be dealt with accordingly as required by section 5(4) (a) of the act. the learned subordinate judge accepted the case of .....Tag this Judgment!
Court : Kerala
Reported in : 2008(2)KLJ4
..... for the respondents. in the absence of necessary pleadings and concrete evidence to show that the property in question belongs to the grandmother of parties, namely kolamma ammal as her stridhana property, the above contentions fail. therefore, on applying the principles laid down by the privy council and in the light of the authorities mentioned above, it can be seen that ..... above are sufficient to hold that the property in question is an ancestral property and there is absolutely no evidence to show that the property was purchased by using the stridhana property of late kolamma ammal. ext.b1 contained no indication or recital to that effect. no other documentary evidence was adduced by the plaintiffs to establish such claim. absolutely there ..... being created in the legal rights of parties, merely because of sex. properties given or bequeathed to a woman by her relations or strangers during coverture or widowhood are her stridhana except that under the dayabhaga and the mithila schools, property given by a stranger during coverture is subject to her husband's dominion and becomes her absolute property only after ..... .18. mr. raghunath, learned counsel appearing for the respondents submits that as per the recital contained in ext.b1, it can be seen that the property in question is a stridhana property belonging to kolamma ammal who is the mother of late madhavan pillai. thus, strongly supporting the impugned judgment, the learned counsel submits that it is not an ancestral property .....Tag this Judgment!
Court : Chennai
Reported in : AIR1954Mad136; (1953)IIMLJ652
..... daughters were married, but left their husband's houses and both lived in adultery. sinnammal had two illegitimate daughters, who claimed the property of their grandmother chenchammal as the stridhana heirs. they were held entitled to succeed to their grandmother's property, their mother having died. it is a case where the daughter's daughters though illegitimate were held ..... estate of ayyapparaju, and seshamma could not be said to be the sole owner of these properties. the learned subordinate judge has rightly held that they could not be stridhana properties.11. the substantial question that remains to be decided is whether the plaintiff, who is the illegitimate daughter of seshamma, could inherit her properties and whether defendant 1 ..... remembered that there is no suggestion, much less any evidence, that sattiraju discharged the mortgage without receiving any amount. the finding of the learned subordinate judge that these are stridhana properties of seshatnma is not capable of being challenged and does not therefore require any interference.10. on behalf of the plaintiff, it was contended that even items 4 ..... .krishnaswami nayudu, j.6. the main question that arises for determination in these appeals is as to whether illegitimacy is a bar to succession to a hindu woman's stridhana. one yedida ayyapparaju died possessed of considerable moveable and immoveable properties leaving behind him his widow, seshmma and two daughters annapoomamma and mangamma. he executed his last will and .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC1643; 1970MhLJ36(SC); (1970)1SCC33; 2SCR489
..... as according to the rules of interpretation the masculine includes the feminine. that rule of interpretation is inapplicable in the present case as daughter's daughter succeeds to the stridhana in preference to daughter's son. the order of succession prescribed clearly rules out the application of that rule of interpretation.12. mr. sen in support of ..... not bring out accurately the meaning of the relevant passages in mitakshara. colebrooke in his book 'mitakshara' published in 1869 sets out the order of succession to a woman's stridhana properties at page 158 thus :maiden daughter . . 1unendowed married daughter . . 2endowed married daughter . . 3daughter's daughter . . 4daughter's son . . 5son . . 6grandson . . 7husband . . 8if the contention of ..... mitakshara in dealing with the question of inheritance. jogendra nath bhattacharya in his commentary on hindu law (2nd edn.) deals with the order of succession under mitakshara to stridhana property in chapter vi of that book. his translation of the relevant commentaries accords with those made by colebrooke. to the same effect is the opinion expressed by justice ..... | ----------------------------------- | | | maman chand manphul singh sher singh (defendant no. 14) (defendant no.12) (defendant no. 13)3. the finding of the trial court that the suit properties are the stridhana properties of barji was not contested before the high court. in this court at one stage a feeble attempt was made on behalf of the appellants to contest that finding .....Tag this Judgment!
Court : Chennai
Reported in : AIR1975Mad275
..... leaving both legitimate and illegitimate children, the legitimate children are preferred to the illegitimate. the textual hindu law as well as decided cases have clearly laid down that succession to stridhana property is quite different and distinct from succession to the property of a male hindu and the difference in the lines of succession is based on different theories or concepts ..... their mother's estate."in fact they have felt that a legitimate daughter and an illegitimate daughter, should be placed equally in the matter of succession to their mother's stridhana property. mack j. in this connection, stated 'if a woman has a legitimate daughter and an illegitimate daughter, they will both, in conformity with the ancient hindu texts, take equally ..... interpretation by the primary sense of the word 'daughter' as indicative of only a legitimate daughter.5. venkanna v. narayanamma, was a case of a contest to a woman's stridhana property between her husband's brother and her illegitimate daughter. mack and krishnaswami nayudu, jj. held that an illegitimate daughter was entitled to succeed. the learned judges in their judgment ..... court decreed the suit. but it was reversed by the lower appellate court on the view that manickam. though an illegitimate daughter, was entitled to succeed to thulasi as her stridhana heir. the second appeal arising out of the first appellate court's decree has been referred to a bench of three judges because there was a conflict of opinions betweenmeenakshi .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1917Bom229; (1917)19BOMLR629; 41Ind.Cas.277
..... been so laid down by the allahabad high court in musammat ganga jati v. ghasita w; moreover, nilkantha himself in the passage following that relating to inheritance of non-technical stridhana quotes the well-known text of manu that ' of the nearest sapinda the wealth shall be,' declaring propinquity to the deceased as the criterion of the right to take wealth ..... of the inheritance of the father discussed on p. 46 of mandlik's translation and as that text was taken by nilkantha to govern also the inheritance to non-technical stridhana, it must follow that the sons, grand-sons and great great grandsons will all be entitled collectively, inasmuch as they are so entitled in relation to the inheritance of the ..... chunilal of whom the appellant bai kiki is the widow. jagjiwan therefore is the son and chunilal in whose place kiki stands was the grand-son. the property is. admittedly stridhana of the class styled in the mayukha nontechnical. in the case of any difference between the mitakshara and the mayukha the parties will be governed by the mayukha. 'with regard ..... to stridhana of the class which is known as technical, that is anvadheya stridhana and what wealth is given through affection by the husband, the three writers on hindu law to whom reference has been made in the arguments .....Tag this Judgment!