https://www.taxtmi.com/caselaws?id=289095 Under Muhammadan law, a wife does not acquire a vested proprietary interest in her husband's property during his lifetime, so she cannot be treated as a co-sharer merely by marriage for pre-emption purposes. The decisive test is whether the vendee stands outside the class entitled to pre-empt; marriage alone does not make the wife a protected co-sharer. A transfer by a husband to his wife in satisfaction of an ascertained dower debt is treated as a sale in substance, and therefore can attract the right of pre-emption. A mere dower assignment at marriage is distinguished from a later transfer made in discharge of a fixed dower liability. en-us Sat, 12 Aug 1882 00:00:00 +0521 Wed, 15 Jul 2020 12:20:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=289095 Under Muhammadan law, a wife does not acquire a vested proprietary interest in her husband's property during his lifetime, so she cannot be treated as a co-sharer merely by marriage for pre-emption purposes. The decisive test is whether the vendee stands outside the class entitled to pre-empt; marriage alone does not make the wife a protected co-sharer. A transfer by a husband to his wife in satisfaction of an ascertained dower debt is treated as a sale in substance, and therefore can attract the right of pre-emption. A mere dower assignment at marriage is distinguished from a later transfer made in discharge of a fixed dower liability. Case-Laws Indian Laws Sat, 12 Aug 1882 00:00:00 +0521 https://www.taxtmi.com/caselaws?id=289095