Since those gold ornaments came from you only, her husband can not restrain you disposing the same.
You have done the right thing so far and if your son in law trouble you more you can lodge complaint with police.
Immovable property - Gold
I have given Gold Ornaments to my III rd daughter at the time of her marriage and also after marriage as per Hindu custom. She is having 2 sons. She expired on 03.12.2013 due to renal failure. Before she admitted in the hospital she brought back the all Gold ornaments about 22 tulas which I have given to her to my house and asked me to keep with me only. Unfortunately he did not come back from hospital and she expired there only on 03.12.2013 as stated above. Her husband is troubling me to give back the gold by writing nasty letters. Since I have given about 22 tulas gold to my daughter at the time of her marriage and after his marriage and she expired on 03.12.2013, I sold 22 Tulas Gold which was given back by my daughter before she admitted in the hospital for about 6 Lakhs and made the fixed deposits in the name of my 2 grandsons each 3 Lakhs. Keeping my 2nd daughter as guardian due to my ill health. still my son-in-law is troubling me and threatening me that he will take legal action in the court of law. I humbly request you to kindly give me your opinion whether my action of selling the gold which was given to my daughter after her demise and keep the same in the fixed deposits in the name of my 2 grandsons is correct or not. Kindly advise me as to the further action to be taken if I committed any mistake in selling the gold keep the amount in my grandsons and whether I am legally correct or not in doing the above things, THANKING YOU SIR, WITH BEST REGARDS E.VELANGINI
Asked 9 years ago in Property Law
Religion: Hindu
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5 Answers
1) your daughter had on her own accord kept the gold with you as she did not trust her husband . on your daughter demise her 2 children and your wife would be her legal heirs
2) you should have distributed gold equally among your grand sons
3) in any case you have after sale deposited sale proceeds in fixed deposit in your grand children name
4) let your son in law move court . You have not pocketed the sale proceeds and enriched yourself at the cost of the legal heirs
5) I do hope you have the valuation report of the gold on basis of which the gold was sold by you so that you cannot be accused of having sold the gold at rate lower than market price
1. You had gifted the gold to her. Thereafter, it became her absolute property.
2. After her demise her husband and children are her legal heirs. So her husband is entitled to claim the gold back.
3. It will be illegal on your part to sell the gold which you had gifted to your daughter.
The property i the form of gold ornaments belonged to your daughter once you gifted them to her on her marriage, therefore you dont have any right in it afterwards. though she had given it to you during her illness, your role was only a custodian of the property and you were supposed to return the property to her legal heirs after her death. The legal heirs of her are her husband and children. That way your son in law has a legitimate share in her intestate property and also you had no right to convert the ornaments to money by selling them and deposit the amount in favor of her two sons, though your intention was true enough. You have made another mistake by appointing your second daughter as the guardian to the two minor children, while their father and natural guardian was very much available and probably you have not even taken his consent or permission to appoint your second daughter as guardian to the minor children. All these act of yours constitute to legal irregularities.
If your son in law files a legal case against you on the above observations, you are liable for the consequences. Therefore, in my opinion, before things go out of control, try to settle the issue amicably and if no truce is possible, ask him to proceed with the issue legally, because you have shield of your good intention that you have secured the amount in favor of two minor children for the benefit of their future, hence this good thought will speak volumes before court, and if court decides, the amount can be shared by three of them of else it will remain with the two children alone, nothing to worry about his threats, ask him to proceed if is not understanding and not cooperating for peaceful settlement.
1. After you had gifted the said gold to you daughter, it became her property/asset,
2. As per Section 15 (1)(a) and Section 16 Rule 1 of The Hindu Succession Act, 1956, her her property will be devolved upon her children and husband,
3. So, during heir life time, you have no role to play with the said property of your daughter who died intestate,
4. Her husband also has share on her property and he is the natural guardian of her children also,
5. Settle the matter amicably with the hudbmd of your late daughter.
