RE continuing querry -illegal possession dowry act
rajendra
(Querist) 04 May 2008
This query is : Resolved
THANKS HARBHAJAN AND RAJESH. MY CLIENT IS UNEMPLOYED AND DISABLED, CANNOT AFFORD PAYING LOAN INSTALLMENT OF CAR FOR NEXT 4 YRS. SINCE LECTURER DAUGHTER HAD TAKEN RESPONSIBILITY FOR REPAYMENT OF LOAN, NOW NOT WORKING DUE TO STUBORNNESS OF FATHER- IN-LAW AND AWAY WITH HUSBAND AT PLACE NOT HAVING JOB OPPORTUNITY. SHOULD BRIDE'S FATHER PAY INSTALLMENT TO KEEP STUBORN FATHER-IN-LAW HAPPY BY USING CAR, HOWEVER HIS STATUS DOESN'T SUIT TO USE CAR FOR OFFICE OR OTHERWISE. SON-IN-LAW, NUETRAL, DON'T WANT TO USE OR TAKE OBLIGATION OF CAR.DAUGHTER AFRAID OF DISCLOSING HER RESPONSIBILITY TO HER HUSBAND. CLIENT HAS TWO MORE SELF-DEPENDENT INTELLIGENT TOPPER DAUGHTERS, WHO DO NOT WANT TO SET PRECEDENT OF GIVING CAR IN DOWRY. KINDLY SUGGEST A PRACTICAL RESOLUTION?
H. S. Thukral
(Expert) 05 May 2008
Dear Mr.Rajendera
Difficulty in solving your problem is that you dont want your client to be involved in any legal proceedings or involvement of Police in the matter. Since the car is in the name of father of the bride, it can simply be taken away by him/her and father in law can do nothing.The ownership of the car is further supported by the fact that the daughter is paying instalment under hire purchase scheme. In my opinion father inlaw can do nothing in such a case. Moreover if the husband though not supportting his wife fully is definitely considerate and having husband on her side or being him neutral she had nothing to afraid of father in law.
Rajesh Kumar
(Expert) 05 May 2008
The stand of your client is contradictory. If he has taken the car on loan- he must have the capacity to reply the loan. If he does not want to set the precedent of the car as dowry- why did he give the car in the first place.
In any case he can stop paying the installaments, the bank will take possession of the car as the car must be mortgaged to the bank.
