• Gold ornaments

Mother gave me her all her gold ornaments which were bought by my father. Father tortured my mother for whole life Now mother is dead. Father is asking gold ornaments with bills of those ornaments also which we have completely no idea. Now if we return the ornaments which I have ,he will say all other ornaments are also with me, which he may have either gifted to others or he already have it with him. I don't want to return my mother's gold to my father as those were her last wishes and memory. I have no idea what is legal
Asked 6 days ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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12 Answers

Don’t return the gold ornaments . Stridhan was your mother absolute property 



2) 

Section 15 lays down that when a Hindu female dies intestate leaving her stridhan, it would devolve upon the following categories of heirs according to the rules provided fn Section 16 of the Act:

Firstly, upon sons and daughters (including the children of a predeceased son or daughter) and husband;

 

 

3) in present case your father , you and your siblings would inherit the gold ornaments 

 

4) since your mother did not execute any will your father can claim share in her stridhan 

 

 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

Deny that you have all the ornaments mentioned by your father in your possession 

 

mention that mother only gave you some ornaments 

 

submit list of ornaments in your possession 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

The ornaments were stridhan of your mother and therefore she was exclusive owner of it .

Now if during her lifetime if she had gifted those to you,  the ownership passes in you.

In such circumstances your father cannot claim it.

Payment receipts have no role to play. 

Devajyoti Barman
Advocate, Kolkata
22509 Answers
356 Consultations

5.0 on 5.0

Your mother's streedhan is exclusively her and there is no right of your father on it. If she has given you out of love and affection you arent suppose to return. Let him take the matter to any court you can defend 

Pooja Ashar
Advocate, Ahmedabad
213 Answers
2 Consultations

5.0 on 5.0

The gold ornaments your father gave to your mother becomes her own and absolute property and it is termed as stridhan.

Since your mother transferred the said articles to you by gift your father cannot claim them back for any reasons  neither he has any rights or interests in the property that was already transferred by your mother during her lifetime to which she had absolute rights and authority.

You can refuse to give any ornament to your father and ask him to proceed legally where it can be challenged properly and his case can be dismissed

 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

Dear Mam

1) It is always better to engage a prudent and experienced lawyer to deal with such issues instead of handling the matter as a party in person.

2) The court cannot take decisions as per your fancies and whims. The court will conduct a trial, hear both the parties and will decide the case only on merits.

3) The property of a deceased woman is passed on to her husband and children as per the Hindu Succession Act.

Thank You!

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

what all the ornaments given by your mother to you during her life time for your benefit/enjoyment would be your exclusive property and you don't need to return. any claim if raised by your father can be appropriately defended in accordance with law.

Sricharan Telaprolu
Advocate, Hyderabad
111 Answers
24 Consultations

4.9 on 5.0

If your mother had transferred her stridhan during her lifetime to you, then it cannot be said to be intestate property therefore your father do not have any rights in it neither his claim would be legally maintainable or tenable in law.

Even if the bills produced by him are considered to be genuine, he cannot claim any share in those properties for any reason because they were transferred by your mother during her lifetime hence your mother cannot be termed to have died intestate in respect of the said stridhan properties.

Your fears are unnecessary, if at all your father is threatening to sue you, you can ask him proceed because his claim is not maintainable in law and he may fighting a losing legal battle in this regard. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

- All the ornaments are stridhan of your mother , because section 27 of the Hindu Marriage Act, makes a female Hindu an absolute owner of Stridhan and gift received at the time of marriage.

- Further after the death of your mother , her property & assets would be devolved upon all the legal heirs equally 

- Hence, your father cannot take others share in the stridhan of your mother even he had purchased from his own fund. 

- If he insists , then you can file a compliant against him and also can approach the court . 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

1. Those Ornaments ere your mother's Streedhan on which your father had no right on the ground that he had purchased the same.

 

2. Before her demise, your mother has gifted all her Streedhan to you for which you can claim ownership of the same. 

 

3. It will be excellent if you can produce evidence that your mother had gifted her said Ornaments to you before her demise.

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

1. Your father can not claim those ornaments on the ground that he had purchased the same. Those are the Streedhan of your mother.

 

2. However, after the demise of your mother, your father also gets equal share of your mother's properties including the Ornaments. If you are the only child of your mother, then the said Ornaments shall have to be equally distributed between you and you father.

 

3.If you can prove that your mother had gifted those Ornaments to you before her demise, you shall be the sol;e owner of those Ornaments of your deceased mother.

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

You can conceal the same if he doesn't have any idea for the same. It's not illegal.If you need any further assistance then you can approach me through LinkedIn. 

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

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