Stridhan

Querist : Anonymous (Querist) 08 October 2011 This query is : Resolved
IF A LADY PURCHASES A HOUSE SITE WITH HER STRIDHAN IS SELF ACQUIRED PROPERTY?
LATER IF SHE CONSTRUCT A HOUSE WITH HER HUSBAND MONEY WILL IT COMES UNDER SELF ACQUIRED PROPERTY?

Follow Query

Report Abuse

ajay sethi (Expert) 08 October 2011
please furnish your name . we will give you citations and detailed opinion .

prabhakar singh (Expert) 08 October 2011
ADMIN SAYS ANONYMOUS OPTION WOULD NOT BE TAKEN BACK,

SO NOW WE HAVE NO REASON TO REFUSE SO LONG WE CHOOSE TO STAY HERE Mr.Sethi.

HENCE I PROPOSE WE ANSWER WHAT EVER WE CAN ANSWER.

IF LADY IS ABLE TO PROVE THAT LAND IN QUESTION WAS PURCHASED THROUGH HER STRIDHAN,THE LAND WOULD CERTAINLY EXCLUSIVELY BELONG TO HER AS HER SELF ACQUIRED PROPERTY MAKING HER ABSOLUTE OWNER.
THE HOUSE CONSTRUCTION EVEN PROVED TO HAVE BEEN MADE FROM FUNDING OF HER HUSBAND'S SOURCES SHALL NOT CHANGE HER OWNERSHIP RIGHTS AS THE SAME CAN BE EXPLAINED AS GIFT IN CASH OR LOAN.

THE CRUCIAL THING IS THAT IN A CASE OF DISPUTE THE HUSBAND MIGHT BE CALLING IT A BENAMI TRANSACTION BOUGHT FROM HIS FUNDS IN NAME OF WIFE AND EVEN IF HE SEES THAT THERE IS A PROOF OF STRIDHAN DISPOSED OFF HE CAN SAY THAT IN CONSTRUCTION WIFE HAS ALSO CONTRIBUTED AND THE PROPERTY IS HELD IN HERNAME AS BENAMI,IN ALTERNATE HE CAN ALSO PLEAD JOINT OWNERSHIP.

THEN ALL THESE MATTERS ARE DEPENDENT UP ON PROOF OF A CASE AFTER TRAIL OF A SUIT.

Shastri J.K. (Expert) 08 October 2011
Yes, it is self acquired.

ajay sethi (Expert) 08 October 2011
in that case mr prbahkkar singh i will start replying .

if it is purchased by wife out of her stridhan property it is her self acquired property .

3 AIR 1985 S.C 628 “The Hindu married woman is the absolute owner of her Stridhan property and can deal with it in any manner she likes .Ordinarily the husband has no right or interest in it with the sole exception that in times or extreme distress but he is morally bound to restore it or its value when he is able to do so” where Fazl Ali J further observed that

“I am amazed to find that so deeply drowned and inherently are some of the High Courts concept of matrimonial home qua Stridhan property of married woman that they refuse to believe that such properties which were meant for exclusive use of the wife , could also be legally entrusted to the Husband and his relations. He specifically stated that the concept that the “Stridhan” of the woman becomes the Joint property of the two houses as soon as she enters her matrimonial house is in direct Contravention of Hindu law.”

Guest (Expert) 08 October 2011
Mr. ajay sethi has replied very well

prabhakar singh (Expert) 08 October 2011
Mr. Sethi i have no doubt about rights associated with STRIDHAN.i have just shown possibilities that may emerge from other side in case of a contest between two rivals.

ajay sethi (Expert) 08 October 2011
mr prbahkar singh i have merely tried to reply to query raised by querist .

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries