DOWER. 7.1 The seller represents and warrants to the buyer that no spouse has dower rights in the Property. Otherwise, if dower rights do apply, the seller will:
DOWER. The undersigned, spouse of Mortgagor, if any, does hereby remiss, release and forever quit-claim unto Mortgagee, its successors and assigns all right, title and expectancy do dower in the Mortgaged Property.
DOWER. Dower or xxxx is an integral part of Muslim marriage. It is fixed by an agreement between the parties to the marriage. In case it is not done, it will be determined by operation o f law. In the former case, it is known as specified dower and in the latter case, proper dower. The specified dower is divided into prompt dower and deferred dower. The prompt dower is payable immediately after marriage at any time on demand by the wife. Generally, which part o f the dower is prompt and which is deferred, is fixed in the contract or in the Xxxx-nama or Kabin-Namah. It is usual to fix half of the amount as prompt and the other half as deferred. But there is no hard and fast rule. Parties are also free to stipulate the immediate payment or postponement o f the entire dower. The parties may also stipulate that 1/3 as prompt dower31 or 1/5 as prompt dower32 or 2/3 as prompt and the remaining as deferred dower. Any agreement made between the parties to the marriage or their guardians in case of minors, for non-payment o f dower will be void and the wife will be entitled to it. Hence it would be better if the whole amount is fixed as prompt dower. It will be easy to collect from her husband and useful to her because she can invest that amount and get interest also on that amount. And she need not face troubles in collecting the amount after dissolution o f marriage if a part o f the amount is fixed as deferred dower or whole amount as deferred dower. Right of retention The woman, whose marriage has been dissolved by divorce or death of husband, has a right to continue to hold the possession o f her husband’s property till her dower debt is satisfied. The right of retention of the possession of her husband’s estate is not available to a wife during the subsistence of the marriage unless there 30 1936 All LJ 302, cited in X.X. Xxxxx, supra note 1 at 85. 31 Tufi Kunnissa v. Ghulam ( 1877)1 AH560; Xxxxxx x. Xxxxxxxx ( 1865)2 Bom HCR 291, cited in Xxxxx- Xxxxx, supra note 15 at 62. 32 Xxxxx x. Ma^har (1877)1 All 485, cited in Xxxxx Xxxxx, supra note 15. 102 Jou rna l o f the Indian Law Institute Vol. 55 : 1 is a contract to the contrary. Another advantage of the right o f retention is that if she was in the possession o f her husband’s property, the period of limitation for the recovery of dower-debt will not apply. Generally the limitation period for recovery of dower-debt is 3 years. She can retain it till her dower is paid. She can even satisfy her dower debt out of the ...
DOWER. The stipulation of a dower (xxxx) is a vital condition for a valid marriage, whether it is specified in the contract or denied (Art. 53). The dower is a wife’s prerogative and a husband’s obligation (Arts. 53 and 60). In fact, an unpaid dower is considered a debt (dayn) of the husband to his wife (Art. 54.3 and 5). The SLPS stipulates that the amount of the dower may vary, in that there is no upper or lower limit to it (Art. 41.1 and 2). However, distinction is made between the proper dower (xxxx al-mithl) and the specified dower (xxxx al-musammā). When the dower is not specified in the contract or when the specified dower is irregular, a proper dower will be determined based on that what is considered equal to that of her peers (Art. 61.1). To determine a suitable dower amount commensurate with that of her peers, the judge shall follow the local custom (‘urf) (Art. 55). A dower is generally divided into two parts, namely a prompt dower (xxxx mu‘ajjal) and a deferred dower (xxxx mu’ajjal). The prompt dower ought to be paid upon conclusion of the marriage contract (Art. 55); the deferred part has to be paid when the marriage is terminated due to an irrevocable divorce or death (Art. 56). ix Payment of the dower and consummation of marriage
