• Legal owner of inherited silver articles

Dear sir

I need some advice on a tricky situation in my cousins' family.

Actually they were 4 siblings - 2 boys and 2 girls (all major, both girls married and have kids). They have lost their parents a few years back. My aunt had left behind few silver articles with my grandmother to keep for safety. After my grandmother passed away, one of my maternal uncle gave away the silver articles to my cousins (boys) which rightfully belonged to them.

Last year, one of my cousin (2nd brother) passed away due to a stroke. Since he was in a shared accommodation which was insecure, his sister came over and took the silver articles to her home.

Now, the elder brother is demanding all silver articles to be handed over to him (not married yet).

However, the best situation would be for all 3 siblings to share the inheritance as the girls though married are not very well off and are struggling hard to make ends meet. However, the elder brother is threatening suicide if silver articles not handed over to him. He is harrassing them with constant phone calls and threats. He is not willing to sit down and talk even and bad mouths the sisters and their husbands at every opportunity.

sir, I would like to understand legally who should get this inheritance and how can this issue be resolved amicably ?

Your advice will be greatly appreciated.

Myself - A concerned cousin brother.

Regards

Rajeev
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
In the absence of WILL, all the 4 siblings(3 alive and 1 dead-legal heirs of deceased) are to share the property inherited by them  Let the elder brother be convinced that its not his absolute property and its ancestral and has to share with his siblings. Let a family meeting be arranged by elders in the family and convince the elder brother of the legal position. I also appreciate the querist for his concern for the sake of his cousin, eventhough he is not a beneficiary.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
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it is best to settle disputes in family only . going to court is an expensive proposition . ideal  solution would be to divide silver articles equally amount the siblings . one brother does not have right on all the family silver . throwing tantrums and threatening to commit suicide would not give brother full share in family silver
Ajay Sethi
Advocate, Mumbai
23145 Answers
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try to settle it amicably
Rajeev Bari
Advocate, New Delhi
1506 Answers
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Resolve the issue in through family settlement.
S.P. Srivastava
Advocate, New Delhi
703 Answers
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Thanks, its my pleasure
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0

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