• Unlawful claim of "streedhan"

My daughter-in-law and son do not have cordial relationship with each other and of lately, my daughter-in-law has started demanding her "streedhan". According to her, all and any jewelry that was displayed at the wedding is her "streedhan". She is using photographs and the wedding video as the evidence that the jewelry was given to her as wedding gift. Yes, there was jewelry displayed which included my wife's jewelry and the intention was never to transfer ownership of these jewelry. It was an offering that she may feel free to use the jewelry since we wanted to have a warm welcome for our daughter-in-law whom we considered our daughter. I have all the bills of the jewelry with me. Hence, my question is : Can the jewelry displayed in wedding video / photographs qualify as a legal evidence for claiming "streedhan" ? What are my rights in this case ? There isn't any legal notice sent but there have been multiple verbal exchanges / threats by my daughter-in-law over the jewelry received during / after marriage.
Asked 5 years ago in Property Law
Religion: Hindu

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22 Answers

1. All the jewelleries gifted to a lady during her marriage from either side of the party is considered to be the streedhan of the wife.

2. However the ornaments which were not gifted to her but was allowed to wear those at marriage is not her exclusive property.

3. So ignore the claim of your DIL and deliver only those which were gifted to her only.

4. Ask your son to send an e-mail expressing the delivery of ornaments in which items to be handed over must be mentioned. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Your daughter in law can claim jewellery given to her before or at time of marriage and after marriage 

 

2) if jewellery was displayed as given to bride at time of marriage your daughter in law can claim said jewellery 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

You can very well claim that the jewels adorned by her as seen in the photograph were yours and it was loaned to her only for that particular function and was never intended to gift it to her hence it was retrieved immediately after the function was over. 

You may produce the receipts for the purchase of the jewels and can repudiate her claim for stridhan.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Yes, whatsoever gold jewelry presented at the time of marriage ceremony to your DIL are her "streedhan". No matter still you have its purchase bills.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. All the jewellery which a woman receives at the time of or after marriage constitutes her streedhan which is her exclusive property and which has to be delivered to her on demand.

2. The photographs of jewellery displayed at wedding can surely be led in evidence by her to prove that this was her streedhan.

3. If a FIR is lodged under Section 406 IPC then apply for bail.

4. Serve a lawyer's notice to her immediately to ask her to come and take her streedhan.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Jewelry /Money /Property received by Girl, from her own Parents will legally qualify as Streedhan.

2 Jewelry /Money /Property received by Girl, from her Husband  will legally qualify as Streedhan.

3. Jewelry /Money /Property received by Girl, by way of Loan /display, from her In-Laws will legally "NOT" qualify as Streedhan.

4. IMPORTANTLY, to qualify for "Streedhan", the same should be compulsorily be reflected in the Income Tax Returns of the Girl, as documentary evidence and to claim streedhan. Mere videos /photographs /witnesses does not legally construe that such jewelry was real or imitation etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Here I can understand your situation, below are points can you check your end and compare it between your wife and DIL regarding gold jewelry.

 

  1. Except "Mangalsutra" wore at the time of marriage by your son to DIL that will not get back at any cost.
  2. Now if you have pics for same jewelry which was presented to DIL at the time of marriage for "SHOW OFF" case. All those jewelry wear wore or used before by your wife and had pics of the same which was using. than so how you can claim those movable property belongs to your wife.

According to Section 14 of the Hindu Succession Act, 1956 property obtained by a woman from the following sources is her absolute property (unless contrary is mentioned in the terms of device, gift, decree, order or award)

Property acquired-

  • by inheritance
  • By device –through will or a settlement
  • At a partition
  • In lieu of maintenance
  • By gift
  • By personal Skill or exertion

  • Purchase and prescription –with the help of her own funds

  • Acquired in any other manner- property received under a decree or award, or through adverse possession

 

Protection of the right to Stridhan

Stridhan is the absolute and personal property of the woman and no one gets the right to alienate the property without her consent. After marriage, such property is not the joint property of her in-laws and her although her husband or any other person can be entrusted to keep such property.

 To protect this right here are safeguards provided in law in favor of the woman in cases where Stridhan is misappropriated or her right to Stridhan is denied by anyone.

One such protection is under Section 12 of the Protection of Women from Domestic Violence Act, 2005 – in cases where she is a victim of domestic violence it falls under the economic abuse of a wife. Another protection is under Section 406 of IPC- Criminal Breach of Trust in cases where the husband or any other person misappropriates or refuses to return the entrusted property.

Although there are safeguards to protect such rights yet these rights are often left unexercised either due to lack of awareness of the existence of such rights or dearth of substantive evidence to prove the property which constitutes Stridhan.

There can be a number of precautionary steps that can be taken by a woman in order to protect her rights-


  • List- A list of all the items/ articles/ property received as gifts before, during or after marriage can be made.

  • Witnesses- statements by witnesses can be a substantive evidence

  • Separate Bank Locker- A separate bank locker in the name of the woman can be opened. This will ensure easy accountability of the properties.

  • Wedding pictures and Bills in the name of the female

  • Title to the property given to her and those bought from her Stridhan are clear and that the investments made from these assets are in her name.

  • Record of Bank accounts and investments made out of her Stridhan must be kept.

 

With an increase in the awareness of these rights and taking up of the above mentioned precautionary steps the essence of  age-old practice of Stridhan will be kept intact – Economic -liberty, security and independence of a woman.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Will does not indicate that you are owners of jewellery 

 

2) the fact that jewellery was displayed at time of marriage as given to daughter in law goes against your claim that it was not intended as gift to daughter in law at time of marriage 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

The burden to prove that the jewels given to your daughter in law during that occasion was just a loan and not a gift, so you have to decide how you prove it.

 

The Will has not come into force  hence no relevance can be placed on the Will to prove your claim about it.

You do not have to strain so much, you can just make a bald statement that the jewels she was wearing on that occasion belonged to your wife and it was just loaned to her for the purpose of function and it was agreed that she will return the same after the function was completed, accordingly you took it back  hence now her claim for the ownership of the jewels is not correct for whatever reason she may cite and she is not having any right over it as stridhan or any other mode. 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Hi

There is no such provision like Loaned jewellery just to display in marriage. 

Either you gifted the jewellery or you didn't.  That's it.

But jewellery that was gifted by you is not the stridhan.

You can also use those pics and videos to distinguish the jewellery you gifted and the jewellery she bought with her from her parenteral home. Show the bills that this jewellery was purchased and gifted by you and this is not stridhan.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Whatever gifted to her from either side in the marriage is stridhan and belongs to wife. Defense of displace will not materialize.

Just have version, those were your wife jewellery and inherited. Not brought from daughter in law.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. The difference for these jeweleries is to be made by you and the same would surely be subject of judicial scrutiny.

2. In the Will , one can make property to be bequeathed in respect of the property owned by the testator of the Will. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

See as of at preliminary stage any gift displayed in marriage for the bride she can claim same you can contest her claim in case any FIR is filed by her. see you can intimate her through phone or message can record same that all her Jewelry given to her in marriage is already with her and she should not make any baseless and false allegation. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. See as such there is no legal distinction available for same the only definition for stridhan is gift at any occasion give to the lady is under her absolute ownership (stridhan is gift or objects women receives during her lifetime including all movable, immovable property, gifts etc received prior to marriage, at the time of marriage and during child birth.).

2. See your wife can claim the property to be her and can claim such property was never given to her and possession of same was not transferred to her,

3. See since will is prepared by you it cannot be the conclusive proof for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It will not be an evidence. It needs to be proved ij Court of law with rule of evidence

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Streedhan is what she brought along with her after the marriage. She cannot claim your jewellery and money as streedhan. Don't get intimidated by her threats. Secure the jewellery and its receipts. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You should haev receipts of the jewellery. If you don't then too make a list of what she brought with her. Also ask for receipts. Family jewellery cannot be claimed by her. Also file a domestic violence case against her through your wife and remove her from your house. Tell your son that it is for his own good.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Your DIL can claim jewellery displayed / loaned.

The displayed activity of jewellery goes against your version, and your DIL can claim the same.

Mere mention in Will does not say that you are the owner.  Whatever is on display it goes to DIL.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. Jewellery which was displayed as a gift given to daughter in law during or after wedding is considered as her streedhan.

2. Only way by which you can distinguish the jewellery that was gifted to your daughter in law is by bills of jewellery purchased at time of wedding. 

3. You should prepare a list of jewellery which was gifted to your daughter in law during or after wedding or recieved by her from other relatives as gift. 

4. A will which is prepared before marriage can be considered as proof of ownership of jewellery but a will prepared after wedding cannot be used as proof of ownership of jewellery. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. She has a strong point to claim that all the ornaments she was seen to be wearing in the photographs are her Streedhan.

 

2. You shall have to contest it fittingly stating that you had decorated her with your wife's ornaments during the marriage and also reception which were never gifted to her since the said ornaments were purchased long back.

 

3. However, it will be prudent on your part to show which ornament has been presented to her submitting the concerned bill for the said gift purchased by you just before her marriage. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Certainly you have gifted her some jewelry which you have purchased just before her marriage or after the marriage was fixed.

 

2. Yes, it will give certain advantage to your daughter in law. However, the experts can identify which jewelry  has been purchased recently and which one is old.

 

3. Your will states that you or your wife will get all the movable and immovable properties. Such properties are your properties and not the properties that you have gifted. So, you shall have to prove that you have not gifted those ornaments to her but used the same to decorate her during the function.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. There is no practical way to distinguish this except by the own admission of woman. Brides often end up getting more than their actual entitlement under Section 406 IPC.

2. Your property will devolve according to the will, but you should not have written in the will "until further notice". If the will has not been drafted by a lawyer then get a fresh flawless will drafted by a lawyer. The will cannot prove ownership of jewellery. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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