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Right of gold ornaments after death
8 months ago
Our deceased brother had purchased gold ornaments before marriage, had gifted to his mother. Now his wife is asking her mother in law to give back the good ornaments which was gifted to her before their marriage.
Does his wife has the right to claim the good ornaments which was gifted by his deceased son.
A.Dear Client,
This issue can be examined under the Hindu Succession Act, 1956, as well as the Indian Contract Act, 1872.
Under the Hindu Succession Act, 1956, if your deceased brother was a Hindu, the gold ornaments gifted by him to his mother would be considered as his mother's "stridhana" or separate property. Stridhana refers to any property acquired either by a woman in her own right or received by her as a gift, by inheritance, or in consideration of marriage. The gold ornaments would be exclusively owned by the mother and she would have the right to possess and enjoy this property.
Furthermore, under the Indian Contract Act, 1872, a gift is a valid contract if it is made voluntarily and without consideration. Once a gift is completed and has been accepted by the recipient, it becomes the recipient's absolute property, and the giver cannot revoke the gift. Therefore, if the gift of the gold ornaments was completed and the mother-in-law had accepted them before her son's demise, then the wife would not have the right to claim them back.
It is essential to note that the jurisdiction of the court would depend on the specific circumstances and location of the parties involved. In this case, the appropriate court with jurisdiction would be the civil court within the respective district where the parties reside.
Thank you.
This issue can be examined under the Hindu Succession Act, 1956, as well as the Indian Contract Act, 1872.
Under the Hindu Succession Act, 1956, if your deceased brother was a Hindu, the gold ornaments gifted by him to his mother would be considered as his mother's "stridhana" or separate property. Stridhana refers to any property acquired either by a woman in her own right or received by her as a gift, by inheritance, or in consideration of marriage. The gold ornaments would be exclusively owned by the mother and she would have the right to possess and enjoy this property.
Furthermore, under the Indian Contract Act, 1872, a gift is a valid contract if it is made voluntarily and without consideration. Once a gift is completed and has been accepted by the recipient, it becomes the recipient's absolute property, and the giver cannot revoke the gift. Therefore, if the gift of the gold ornaments was completed and the mother-in-law had accepted them before her son's demise, then the wife would not have the right to claim them back.
It is essential to note that the jurisdiction of the court would depend on the specific circumstances and location of the parties involved. In this case, the appropriate court with jurisdiction would be the civil court within the respective district where the parties reside.
Thank you.
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