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Nuances of Indian Dowry and Gifts

February 3, 2016

 Indian dowry is prohibited under the Prohibition of Dowry Act of 1961.

            No presumption as to ownership may be indulged in the case of wedding gifts and that not only must the expressed intention of the giver be taken into consideration, but the intention of the wedded             couple as well. In particular, gifts intended to furnish or adorn the marital residence should not be treated as personal gifts to either spouse, and in determining the ownership of such goods, consideration must be given to the origin of the gift and to the relationship of the donor to the husband or wife. Wedding gifts which are to be used and enjoyed jointly should be considered   the same as property purchased by the husband and wife jointly. Darwish v Darwish, 100 Mich App 758, 759; 300 NW2d 399 (1980)

            Indian wedding jewelry of sizable value must be treated as marital property to be divided between the spouses, as gifted to the spouses jointly, rather than the spouse who wore or received the jewelry, if the donor’s intent was to gift to the spouses jointly. Venkataraman v Venkataraman, 1987 Ohio App. LEXIS 9397; 1987 WL 19458 (2009) (over $40,000 of wedding jewelry and other gifts) held “in the Hindu ceremony…gifts, such as this jewelry, are given for the benefit of the family, and, for sake of posterity).

 

            It is customary in the Hindu religion to give gifts of gold, jewelry and coins to the newly married copy as a sign of prosperity and to benefit the family. Venkataraman v Venkataraman, 1987 Ohio App. LEXIS 9397; 1987    WL 19458 (2009) (over $40,000 of wedding jewelry and other gifts) held “in the Hindu ceremony…gifts, such as this jewelry, are given for the benefit of the family, and, for sake of posterity).

 

In other words, you'll have to analyze the donor's intent -- not an archaic law -- to determine who gets those gifts.

Tags Property Division, International Issues
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