Stridhan property ayautuka and yautuka
For the purposes of inheritance Jimutavahana divides stridhan property into two broad classes, viz. ayautuka or property given to a female at a time other than that of marriage, and yautuka or property given to a female at the time of marriage.
Vriddha Katayana says immovable property which has been given by parents to their daughter, goes always to her brother, if she dies without issue. The brother’s right to succession is founded simple on her leaving no issue.
Viswarupa says property of a childless woman married by any form of nuptials from that of Brahma to that of Pissachas goes to her brother.
Devala says a woman’s property is common to her sons and unmarried daughters, when she is dead. But if she leaves no issue, her mother would be entitled to succeed in preference to her husband, in the case of ayutuka stridhana.
Yuatuka stridhan property given by the father is inherited as other yautuka, and ayautuka stridhan property given by the father is inherited as other ayautuka.
Anwa dheya – For anything received by a daughter subsequently to her nuptials is under the denomination of ‘anwa dheya’ (gift subsequent).
Katyayana describses anwa dheya (a gift subsequent) what has been received by a woman from the family of her husband and at a time of posterior to her marriage, is called a gift subsequent.
Pitridatta ayautuka is the property given by the father at any other time but the wedding, a maiden daughter succeeds in the first instance, next a son, then a daughter who has male issue, after them the daughter’s son, the son’s son, the great-grandson in the male line, the son of a contemporary wife, and her grandson and great-grandson in the male line, next to these, the barren and widowed daughters inherit together.
Under the Bengal School of Hindu Law, the mother is entitled to succeed to the pitridatta ayautuka stridhan property of a woman in preference to her husband.
