Professional Documents
Culture Documents
Widow Dower
Widow Dower
dowar ranks as a debt and the widow is entitled to have it satisfied on his death
out of his estate. she has right of retention of possession of her husband's
property until her dower is satisfied. but her position must be obtained
lawfully ,without fraud or force.
the widows right of retention does not create any right of the widow on the
property. she can return the position and use it until her dower debt is satisfied.
but she has no right to alienate the property by sale, mortgage gift or otherwise.
if she attempts to do so she loses her right of retention. it is on the dissolution
of marriage that the widows right of retention comes into existence. the widow has
no legal right to enter into possession of the property of a deceased husband. she
is only entitled to retain it after once getting it.
the hair of a deceased Muslim are not personally liable for the Dower debt. in the
case of a dower debt, each hair is liable for the debt to the extent proportionate
to his share of the estate. when the widow is in possession of husbands property
under a claim of a dower the hair of her husband as severely entitle to recover
their respective share upon payment of quota of the Dead proportionate those share.
if a Muslim widow gets into possession of her deceased husbands property which is
already mortgaged with another person and if the mortgage brings the suit on the
basis of which the property is sold the purchaser can dispose the widow and she
cannot set up after right to retain possession until her dower debt is satisfied.
but if a widow wrongfully disposes from her possession she may sue under the
specific relief Act 1877. she may even sue for the realisation of dower keeping the
position at the same time. All she has to do is expressed readiness to Waive the
possession immediately after getting a decree.
in case the dower is not paid to the wife and after her death her heir may sue.
time limitation of recovering prompt Dower: 3 years from the date when the dower is
demanded and refused .
time limitation of deferred dower : 3 years from the date when the marriage is
dissolved by death or divorce.