Theft of ornaments and jwels
Rahul Mendiratta
(Querist) 12 June 2012
This query is : Resolved
My brother's wife was living with my parents for last 6 month while my brother was in some other city all this time.
Now, when my brother's wife went back to my brother in that city with his father, they travelled by train. After two days of travelling, at his home, she told my brother that all his jwellery was stolen from her bag. But they did not report to GRP at the railway station neither to any police station.
We know that she is telling a lie and pretending.
She and her father dont have any kind of grief to lose around 2-3 lacs of jwellery.
This jwellery belongs to my brother and his wife (which she got in her marriage from her parents)which includes jwellery given by my mother and her mother also.
How we can get back the jwellery.
ajay sethi
(Expert) 12 June 2012
it is her streedhan . you dont have nay right on said jwellery .
Rahul Mendiratta
(Querist) 12 June 2012
My brother even dont have any right to that jwellery???
She is saying that it is stolen. Cann't my brother file an FIR to get back that jwellery.
it is her streedhan but that jwellery is a mix of one gifted by my parents and her parents. so both must have equal rights.
ajay sethi
(Expert) 12 June 2012
if your sister in law says jwellery is stolen your brother should insist she lodge a police complaint immediatedly
Deepak Nair
(Expert) 12 June 2012
Your brother cannot claim any right on that jwellery. Since the jwellery belongs to your sister in law and it was lost from her custody, she has to lodge the FIR.
Sudhir Kumar, Advocate
(Expert) 12 June 2012
Things are not so simple as described by you. There appears to be a background.
Your brother does not have any claim whatsoever, even on a hair thick thread from the jewellery even if it was gifted by him or his parents. That should be very clear to you. You believe that both must have equal rights but the fact is that both do not have equal right. It is her exclusive property independent of husbands domain. She has full right to be not worried about the theft.
If she is telling lie she has a right to do so. She and her father have no duty to feel and express grief.
If you believe that she is telling lie then better keep quite it appears that she would have been apprehending deprivation of jwellery and did not want to create scene to assert her right.
The more your brother compels her to file criminal case more evidence he generates against him.
Your brother can file police case and if police recovers the jwellery he cannot claim it.
Adv.R.P.Chugh
(Expert) 12 June 2012
1. Whatever has been gifted to her from either side - is hers.
2. Either of you can report theft.
Rahul Mendiratta
(Querist) 13 June 2012
I dont agree with the fact that only my sister-in-law can file a complaint and not my brother.
Suppose, she is not in the city when theft has been committed, my brother can not file a complaint till she comes to the city where crime has been committed and agrees to file a complaint????
Second, does all the jwellery belongs to her only and NO jwellery belongs to my brother???? not even his engagement ring and those gifted by my parents???
Third, will the police confirm this fact from my sister-in-law that jwellery belong to her and not brother and that complaint has been filed by her only?????
Fourth, how will he generate evidence against him if she files a complaint????
By all of you, my brother does not have any kind of right to that jwellery and he can not even file a complant. How????
K.K.Ganguly
(Expert) 13 June 2012
The ownership of the jewelry of your brother's wife rests exclusively on her. This includes the jewelry gifted to her by any body. Once gifted to her it becomes her property. Your brother has no right on the same. If she is doing it purposely then your brother has nothing to do about it since she is the exclusive owner of the jewelry.
Sudhir Kumar, Advocate
(Expert) 15 June 2012
Law cannot be changed like buffet menu so suit the demand placed.
Your tone and texture indicates that you have not liked the free and charitable advise given by the experts above. Meet local lawyer in your area pay his consultation fee and get the advise.
If you are sure that experts above do not know the law to the extent of your expectation and if you are sure that your brother is owner of property then let him file complaint to the police regarding theft.
As hinted by you his own wedding ring cannot be deemed to be gifted to her. Atleast that much limited right he has if he can justify as to how that ring was with her when relations (as apparent) are not cordial.
As hinted by you he needs to have a proof that theft did occur even if there was no recovery so that he cannot be alleged of snatching the embezzling of wife. relations seem to be far from cordial hence you are on this forum.
But she cannot be accused of embezzling her own property.
