Hindu Marriage Act, 1955 | Section 27

Section 27 of the Hindu Marriage Act, 1955: Disposal of Property

Section 27 empowers a matrimonial court to make appropriate provisions in its decree regarding property presented at or about the time of marriage that may belong jointly to the husband and wife. It does not automatically divide all assets owned by the spouses.

Section 27 - Disposal of property: statutory text

In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.

Source: Hindu Marriage Act, 1955 (India Code, official text).

Meaning and scope of Section 27

The provision permits a court hearing proceedings under the Hindu Marriage Act to address certain marriage-related property in the decree itself. The phrase "may make such provisions" gives the court discretion, subject to the statutory conditions and evidence. The phrase "at or about the time of marriage" links the property to the marriage occasion; it is not a general rule for dividing all property acquired throughout married life.

The words "which may belong jointly" are central. Whether an article falls within Section 27 depends on its character, the parties' rights and the applicable judicial interpretation. Courts have considered disputes about wedding presents, jewellery and household articles, but a claim must be supported by proof rather than an assumption that all marriage gifts are jointly owned.

What may the court order?

Where the statutory conditions are established, the court may make a just and proper provision in the matrimonial decree concerning the relevant property. The precise relief depends on the pleadings, proof, ownership and circumstances of the case. Section 27 does not itself establish an automatic equal-sharing formula.

Stridhan is not automatically joint property

Stridhan generally refers to property belonging exclusively to a woman, including gifts made to her in circumstances recognised by law. Marriage does not, by itself, transfer her exclusive ownership to her husband or his relatives. In Pratibha Rani v. Suraj Kumar (1985), the Supreme Court affirmed that the concept of stridhan is not abolished by Section 27 and that legally available remedies for dishonest misappropriation are not displaced merely because matrimonial remedies exist.

There have been differences in judicial approaches to the reach of Section 27 in particular factual settings. Accordingly, a claim concerning exclusively owned articles should not be confused with the statutory reference to property that may belong jointly to the spouses. See also the court-hosted Act with case-law notes.

Evidence and practical considerations

A party seeking relief should identify the articles, explain when and by whom they were presented, state who owns or possesses them, and specify the relief requested. Depending on the dispute, relevant evidence may include gift lists, invoices, photographs, bank records, messages, admissions and witness testimony. A court must assess whether the property and requested order fall within its legal powers.

In Balkrishna Ramchandra Kadam v. Sangeeta Balkrishna Kadam (1997), the Supreme Court addressed the need to establish through evidence that disputed property is covered by Section 27 before a property decree is made. An assertion alone does not establish entitlement.

  • Section 25, Hindu Marriage Act: Permanent alimony and maintenance; this is distinct from deciding rights in particular marriage gifts.
  • Section 26, Hindu Marriage Act: Custody, maintenance and education of minor children, not general division of matrimonial property.
  • Section 28, Hindu Marriage Act: Appeals from decrees and specified orders, subject to the conditions in that section.
  • Section 14, Hindu Succession Act, 1956: Addresses property of a female Hindu and her full ownership, subject to the statutory terms.

Official reference: Hindu Marriage Act, 1955. The nature of any separate civil or criminal remedy depends on the facts, current applicable legislation and procedural law.

Frequently asked questions

Does Section 27 divide every asset after divorce?

No. Its express wording concerns property presented at or about the time of marriage that may belong jointly to the spouses. Other assets and ownership disputes may involve different legal rules or remedies.

Can a wife claim her stridhan?

Yes, subject to establishing her entitlement and selecting an appropriate legal remedy. Her exclusive property does not become joint property merely because she married.

Is the court required to divide property equally?

No. Section 27 authorises provisions that the court considers just and proper within the scope of the section; it does not prescribe a mandatory 50:50 division.

Are bills or gift lists necessary?

They can be useful evidence, but courts may assess multiple forms of admissible proof. The weight of evidence depends on the particular claim and circumstances.

Legal information notice: This article is general educational information, updated on 21 October 2026. It is not a substitute for advice on a specific dispute.