• Claim on mother's jewelry after her death

We are 1 elder brother and three sisters..I am the eldest sister. My father died earlier and now my mother has also passed away. My parents has 2 grand daughters thru my brother and one grand daughter thru my sister and one grand son thru same sister. Her entire jewelry is in my possession. I have no children. My mother has instructed me how to distribute her jewelry among her four grand children after her death.. 
My question is
1. Legally how the jewelry of my mother should be distributed
2. Do you think I have committed any crime?
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

Dear Client,

As per law, all the jewellery will be divided among all the children of you mother.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

1. The jewellery should be equally divided between 4 children of your mother. SInce mother has not prepared any will you cannot distribute in grand children. There will 4 share for each brother and sisters.

2. No you have not committed any crime.  

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

on mother demise you and your siblings have equal share in her jewellery 

 

2) since your mother died intestate her grand children have no share in said jewellery during their parents lifetime 

 

3) call meeting of your siblings and take unanimous decision regarding mother jewellery 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Prepare MOU, site wish of mother, details of jewellery and % of distribution. Get it signed by 2 witnesses. What crime in it ?

Well, as per inheritance law, her asserts will distribute in siblings by 1/4th each.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Madam,

Taking into consideration that your mother died intestate in that event all the movable and immovable properties are to be shared within the legal heirs in equal part. You may seek intervention of your family friends and other members in whose word all your family members have no objection , the said person will distribute the things in equal ratio and obtained consent of all the persons in a minutes which will evident in case any one raise any dispute in future or else you may seek legal redress by filing an application in the court for appointment of an receiver for distribution of the movable or immovable properties amongst all the legal heirs.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

it will be distributed as per her will if any. other wise amongst the legal heirs equally.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Her jewelry is liable to be divided equally among her children only and not among her grand children. SO you can distribute those among your siblings or divide the money after selling the same.

2. You have committed no crime but you must give their due share.. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. After the death of your mother intestate, Her jewelry needs to be divided among her class one legal heirs in equal proportion. Only her her children would have the share and not  grandchildren, during the lifetime of the children.

 

2. No. You haven't.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear madam, 

If there is a will distribute accordingly or else equally amongst all of you brothers and sisters. 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

Your mother verbal statement is not valid in law unless supported by at least two witnesses.

Holding your mother's property without any valid reason may make you responsible  for monetary losses if any caused to other legal heirs on their demands and liable to compensate it. 

It is not crime in normal sense if there is no   malafide intention behind the scene.

All your brothers and sisters including you will get the share equally. Grandchildren will have interest only to the  their father or mother's share to the property.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear madam 

You have not committed any crime.  

You can distribute the jewellery of equal value in all the four grand children of your mother get it divided in four equal value parts by some renowned jeweller. Any make the distribution so that no one will feel in loss.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1.  In the absence of any Will your mother's jewels should be equally distributed among all her own legal heirs only and not to her grandchildren

2.  Therefore you may better distribute them equally among you four siblings.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1)upon her death the moveable property of your mother distribute equally in legal heirs class1. i.e Sons, Daughter. 

2)  no. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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