The Position of Women in Hindu Civilisation, from Prehistoric Times to the Present Day c13.78

c13.78

The scheme of the inheritance of Strīdhana is a very complicated one and it has many provincial variations. We need not discuss the details of the problem here, as they wouldi nterest only the professional lawyer; it is sufficient for our purpose to refer to general principles. If a woman dies without leaving any issues, and if her marriage had taken place by any of the unapproved forms of marriage like the Āsura, Rākshasa, etc., her Strīdhana reverts to her parents or brothers¹. The reason for this rule is the general presumption that the Strīdhana in such cases must have mainly consisted of the bride-price, which was voluntarily returned by the father to his daughter for her use during her coverture. If she dies leaving some issues behind, her Strīdhana would devolve upon them. Her father or brother would not naturally mind allowing the property to be inherited by them; but if she died issueless, the Strīdhana or the bride-price was demanded back. The law at present presumes that all marriages take place by the approved forms, and so this rule of inheritance of Strīdhana is only of historical interest. Strīdhana now reverts to the husband, if the wife dies without issues.