• What constitutes dowry ?

Scenario: We are a Hindu family. I(male) am getting married soon. we have reached an agreement with the girl side that marriage expenses will be shared in half and they will gift us an expensive car. Will that car constitute dowry. If yes, will it still be dowry if they register car on their daughter's name ? Please explain in detail. Thank You.
Asked 3 years ago in Family Law
Religion: Hindu

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8 Answers

Car gifted to you at time of marriage will constitute dowry 

 

2) 

dowry’ means any property or valuable security given or agreed to be given either directly or indirectly:

    1. by one party to a marriage to the other party to the marriage; or
    2. by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;at or before or any time after the marriage in connection with the marriage of said parties

3) if car is gifted by parents to daughter in her name it is not dowry 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Technically dowry means any property/security given by one party to marriage to another or parents of one party to another. If car is  registered by your in-laws   in the name of their it is  absolutely no a dowry.

Ravi Shinde
Advocate, Hyderabad
5126 Answers
42 Consultations

- As per the Dowry Prohibition Act, dowry has been defined as “any property or valuable security given or agreed to be given either directly or indirectly, by one party to a marriage to the other party to the marriage, or by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage.

- Further, the gifts that have been given to the bride at the time of her marriage for her welfare and benefit shall not be considered dowry under the Dowry Prohibition Act, . So if the parents of the bride give her cash, jewellery or any other valuables without any demand having been made by the groom’s side, these shall not be considered dowry.

- Hence, if that Car will be given to you , then it will considered as Dowry , but when if on their daughters name , then it not come under the definition of dowry. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If the car what they offer you as as gift for marriage may be considered as a dowry item if the car is registered on your name, however if the car is registered on their daughter's name, then it will be her own property viz., streedhan.

You better get into an agreement about the sharing of the marriage expenses equally and also can indicate that you would not accept any item as dowry from them and whatever items they would offer to their daughter would be treated as her own property viz., streedhan. 

This agreement would protect your interest i future in case of an unfortunate matrimonial dispute in future. 

 

 

As per the Dowry Prohibition Act, 1961, dowry has been defined as “any property or valuable security given or agreed to be given either directly or indirectly, by one party to a marriage to the other party to the marriage, or by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage”. 

if the parents of the bride give her cash, jewellery or any other valuables without any demand having been made by the groom's side, these shall not be considered dowry.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Gifts voluntarily given is not dowry only demanded gifts are dowry

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

Car given by in laws can considered as gift not dowry. if it is registered on the bride's name, then it could not be considered dowry. it will be considered as the gift from her parents for her.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Dowry may be paid either in cash or in kind. It is rather painful to learn that dowry still exists even in marriages among educated youth. 

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Hi, It is better you can register the Car in your wife name. Suppose, something happen then you are in trouble.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

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