Wife died during the divorce proceedings (filed my husband in 2015). All these years, she was living with her parents, but the husband has been in the possession of her gold ornaments and other stridhan items (everything was gifted during the marriage). We have a son who's 5 years old and living with maternal grandparents all these years. The maternal grandparents aren't the guardians legally. They are just having custody of the kid for 5 years. After wife's death, who has rights to the stridhan items (including jewellery)? Can the in-laws claim them legally in any way (e.g., can the in-laws say that the items were inherited from them to their daugther.)
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The stridhan was brought by the wife during marriage and it was given by her parents hence the parents of the deceased daughter can claim her stridhan property.
If her parents file any case for recovery of her stridhan articles, there are chances that they may win the case.
For child custody, the father can file a separate case in the capacity of surviving natural guardian to the minor child.
On wife demise her stridhan would devolve on her legal heirs ie her husband and son
SC has held in case of natural death, the heirs of the woman would be entitled to inherit her property but in case of unnatural death it would devolve on her children or parents if there are no. children
Respected sirs, The following is an excerpt from "Section 15 in The Hindu Succession Act, 1956" 15. General rules of succession in the case of female Hindus.— (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,— (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband; (c) thirdly, upon the mother and father; (d) fourthly, upon the heirs of the father; and (e) lastly, upon the heirs of the mother. Based on that, I understand that only the husband and the child have equal share on the stridhan articles. If so, how can the in-laws claim the stridhan articles/jewellery they gave to their daughter during marriage. Please enlighten.
He streedhan will be received by her legal heirs after her death. Husband and children if not divorced. Later her parents
Husband and child would be the legal heirs
Her parents are entitled.
Regards
G.Rajaganapathy
High Court of Madras
1. Marriage was subsisting as on the date of demise of wife. Hence, her property has devolved on her husband and children regardless of the pendency of divorce proceedings.
2. You are free to file petition for child custody to get the custody of child. During your lifetime the maternal grandparents of child are not his guardians.
