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Saurabh..V (Law Consultant)     31 May 2012

Share in father's property - an alternate to dowry?

In earlier days, dowry was given to the married girl from her famliy as a part of her share in the property. With change in time is was more of regarded as 'Dowry' than 'Share in Property'. Shouldn't we go back to good-old-days and change the perspective?

 

In my considered view, this would help allot in matrimonial cases and this shall slowly eliminate the dowry cases. Today girls don't seek their share in their father's property which leads to dowry. Also, the groom's side expect it as a way of earning wealth. But as & when this dowry is abolished and the only transfer would be of girl's share of property after marriage this would solve the issue.

 

The Govt. should move to make this as a mandatory arrangement for all marriages. Every girl who gets married should be alloted her property share and this transfer should also be limited to girl's name only and this property could not be transferred to her husband or anyone else. This would ensure she is safe and not harrassed for further transfer of the property.

 

Another addition to above provision should be that in case of divorce, the amount of maintenance paid by the husband shall be equated after reviewing the property owned by the wife. However in case of cruelty or unnecessary & illegal harrassment by one spouse shall play pivotal role while deciding maintenance. Maintenance should be seen as punishment for the erring spouse than a right of the victim.

 

I think this is VERY POSTIVE suggestion which would lead to harmonize the matromony in India.

 

Expert advice and comments from my learned friends are most welcome!

 

//peace

/Saurabh..V



Learning

 1 Replies

bhima balla (none)     31 May 2012

Saurabh,

My thoughts are on similar lines. However,

1) Albeit it is under wife's name husband must have a copy of the same duly notarised. The wife cannot be allowed to sell or mortgage such property. It can be rented and proceeds of such rental should be income for the husband and wife-i.e common income!It should be considered common property of husband and wife if wife is not working and if husband has supported her for 5 years.

2) Then the entire property of husband and wife (acquired during marraige) can be divided equally, if they divorce. Child maintenance will come equally from both! If a party cannot pay they lose the child custody.They may still get visitation based on the facts of the case!

This can be further refined to make it equitable!

This is good thinking-unlike the current 'laws'!


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