After inter caste marriage can my wife purchase a land in her caste or in my caste.(both are general
RANGARAJAN
(Querist) 09 September 2014
This query is : Resolved
I belong to Bania & my wife belongs to Brahman(both are general caste). An arrange marriage was done after decision of both family. My question is, Can my wife purchase a land in her name mentioning her caste i.e Brahman or in my caste i.e Bania? Please answer me sir?
Devajyoti Barman
(Expert) 09 September 2014
Where is the need to mention caste to purchase the property?
Mentioning it is totally needless and better be avoided.
RANGARAJAN
(Querist) 09 September 2014
Thank you both of you Sir. But if required what will to mention? please sir.
RANGARAJAN
(Querist) 10 September 2014
Thank you sudhir sir. I have read some expert advice of you regarding the inter caste marriage. Again thank you sir.
Sudhir Kumar, Advocate
(Expert) 10 September 2014
I further add that for purchase of agricultural land caste has to be mentioned.
RANGARAJAN
(Querist) 11 September 2014
Again thanks a lot sir.
Raj Kumar Makkad
(Expert) 12 September 2014
If you want to mention, she has married with you so she has adopted your caste. Do mention it, if it is necessary to do so.
RANGARAJAN
(Querist) 13 September 2014
No sir i do not want she will adopt my caste. It does not matter for me or her about caste. But i always want to see her happy. So I will be happy if she could registered the land by her name mentioning her father's caste only and also if this is abide by our law.
RANGARAJAN
(Querist) 13 September 2014
Sudhir sir, would you please make me provided the constitutional law which states the caste status does not change with marriage.
Sudhir Kumar, Advocate
(Expert) 13 September 2014
please see the cast certificate format.
It says that ____ s/o, d/o _________ who belongs to ____ caste.
The certificate is not isued to Smt _______ w/o ______ who belongs to ___ cast.
In official documents she has to mention father's caste only.
Advocate. Arunagiri
(Expert) 13 September 2014
Just because of the marriage the caste will not change.
But, only if the wife changes her religion for a inter religion marriage, her caste will change.
It is clear it is not automatic.
RANGARAJAN
(Querist) 13 September 2014
Thank you both of you sudhir sir and Arunagiri sir..
Raj Kumar Makkad
(Expert) 13 September 2014
What will be the caste of the children? The question of the status of a child born to a scheduled tribe mother from a forward caste father came up for consideration before the Hon'ble Supreme Court of India in Rameshbhai Dabhai Naika Vs State of Gujarat & Others ( CIVIL APPEAL NO. 654 OF 2012- Decided on January 18, 2012) and the Supreme Court held as follows:-
"In an inter-caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father. This presumption may be stronger in the case where in the inter-caste marriage or a marriage between a tribal and a non-tribal the husband belongs to a forward caste. But by no means the presumption is conclusive or irrebuttable and it is open to the child of such marriage to lead evidence to show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe. By virtue of being the son of a forward caste father he did not have any advantageous start in life but on the contrary suffered the deprivations, indignities, humilities and handicaps like any other member of the community to which his/her mother belonged.
Additionally, that he was always treated a member of the community to which her mother belonged not only by that community but by people outside the community as well. In the case in hand the tribal certificate has been taken away from the appellant without adverting to any evidences and on the sole ground that he was the son of a Kshatriya father. The orders passed by the High Court and the Scrutiny Committee, therefore, cannot be sustained. The orders passed by the High Court and the Scrutiny Committee are, accordingly, set aside and the case is remitted to the Scrutiny Committee to take a fresh decision on the basis of the evidences that might be led by the two sides. "
The above mentioned decisions of the Hon'ble Supreme Court of India provide the answers to the questions mentioned at the beginning of this post.
RANGARAJAN
(Querist) 14 September 2014
Thank you Raj kumar sir. Such a good thing you have mentioned. But i want to know now that if both husband and wife are belong to general caste and what would be the caste of the child? Whether parents can decide what would be the caste of the child?
Raj Kumar Makkad
(Expert) 14 September 2014
The caste of father shall be the caste of the children born out of such marriage.
RANGARAJAN
(Querist) 17 September 2014
Thanks a lot sir.
