Stridhan property

Stridhan property

In P.A.L. Pl. Palaniappa Chettiar vs V.N.S. Chockalingam Chetti on 6 September, 1929 reported in (1929) 57 MLJ 817

JUDGMENT by Wallace, J.

The question for decision in this appeal is whether the plaintiff has proved the caste custom set up by him in derogation of the Hindu Law of inheritance.

The plaintiff is of Nattukottai Chetti caste. It is a custom in that caste, when the daughter of a house is married, for her parents to present to her jewels, vessels and money which become her “stridhanam”. There is also a custom which has been recognised by this Court in A.S. No. 196 of 1923, that if that married daughter dies without issue, that stridhanam reverts to the donors, her parents.

The plaintiff before us contends for a custom that that stridhanam reverts to the parents even when the woman has had a female issue and that female issue herself dies without issue.

Under ordinary Hindu Law a female issue would on the death of the mother inherit her stridhanam holding a limited interest therein, and on her own death without issue it would revert to her father, the husband of the original donee.

The plaintiff contends that there is in his caste a custom having the force of law which diverts the inheritance from the father to the family of the original donors of the stridhanam.