DOWRY

The practice of giving a "dowry" or a gift to a woman at marriage is said to have its origins in the
system of "streedhan" (women's share of parental wealth given to her at the time of her
marriage).

Definition Of Dowry: - Dowry or Dahej is the payment in cash or/and kind by the bride's family
to the bridegroom' s family along with the giving away of the

Dowry is defined as any property or valuable security given or agreed to be given either directly
or indirectly:

a. By one party to a marriage to the other party to the marriage or;

b. By parents of either party to a marriage or;
By any other person to either party to the marriage.

DOWRY AGREEMENT - NOT VALID (an agreement for giving and taking of dowry shall
be void)

Cruelty has been defined as:

CRUELTY/ HARASSMENT TOWARDS WOMEN-- Whoever, being a husband or relative

of the husband subjects such women to cruelty shall be punished with imprisonment for a
term of three years.

A. Any conduct which is likely to drive the women to commit suicide or to cause grave
injury or danger to life, limb or health (Mental or physical) of the women, or
B. Harassment with a view to coercing her or any person related to her to meet any lawful
demand for property or valuable security or is on account of failure by her or any person
related to her to meet such demand. (Section 498A Indian Penal Code)

GIFTS UNDER HINDU LAW [Stridhan]

Gift is a relinquishment without consideration of one's own right in property and the
creation of the right of another. A gift is completed only on the other's acceptance of the
gift.

WHAT PROPERTY MAY BE GIFTED

• A Hindu may dispose of by gift his separate or self-acquired property, subject in

certain cases to the claims for maintenance of those he is legally bound to
maintain.
• A coparcener, may dispose of his coparcernary interest by gift subject to the
claims of those who are entitled to be maintained by him.
• A father may by gift dispose of the whole of his property, whether ancestral or
self acquired, subject the claims of those he is entitled to be maintained by him.
• A female may dispose of her stridhan by gift or will, subject in certain cases to
the consent of her husband.
 • A widow may in certain cases by gift dispose of a small portion of the property
inherited by her from her husband, but she cannot do so by will.
• The owner of an impartible estate may dispose of the estate by gift or will, unless
there is a special custom prohibiting alienation or the tenure is of such a nature
that it cannot be alienated.

A gift under Hindu law need not be in writing. However, a gift under the law is not valid
unless it is accompanied by delivery of possession of the subject of the gift from the
donor to the donee. However where physical possession cannot be delivered, it is
enough to validate a gift, if the donor has done all that he could do to complete the gift,
so as to entitle the donee to obtain possession.

GIFTS BY HINDUS WHERE TRANSFER OF PROPERT ACT APPLIES.

A gift under the above act can only be effected in the following manner.

a. For the purpose of making a gift of immovable property, the transfer must be effected
by a registered instrument signed by or on behalf of the donor, and attested by at least
two witnesses.
b. For the purpose of making a gift of a movable property, the transfer may be effected
by a registered document signed by the donor or by delivery.

GIFTS TO UNBORN PERSONS

Under pure Hindu law, a gift cannot be made in favour of a person who was not in
existence at the date of the gift. This rule has been altered by 3 acts namely
The Hindu Transfers and Bequests Act 1914, Hindu Disposition of Property act 1916,
and the Hindu Transfers and Bequests (City of Madras)Act 1921

RESERVATION OF LIFE INTEREST.

A gift of property is not invalid because the donor reserves the usufruct of the property to
himself for life.

CONDITIONS RESTRAINING ALIENATION OR PARTITION

Where property is given subject to a condition absolutely restraining the donee from
alienating it, or it is given to two or more persons subject to a condition restraining them
from restraining it, the condition is void, but the gift itself remains good.

REVOCATION OF GIFT

A gift once completed is binding on the donor, and it cannot be revoked by him unless it
is obtained by fraud or undue influence.

GIFT IN FRAUD OF CREDITORS

A gift made with the intent to defeat or defraud creditors is voidable at the option of the
creditors.