Recovery of gold ornaments

Suraj Kumar (Querist) 08 October 2023 This query is : Resolved
Sir
I have entrusted 25 gram of gold ornaments to my relative. Sufficient evidence is available. Now my relative stating that he has sold my ornaments due to requirement of money & refused to return.
My lawer stated me that a case under section 7 & 8 of specific relief act may be made.
Is court fee as required in money Suit is required for this case ?

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Quick Summary

If a relative has sold your gold ornaments without permission, you may have legal recourse. Filing a police complaint is a crucial first step. If the police cannot facilitate the return, a civil suit, potentially under the Specific Relief Act, might be necessary. Be prepared to pay court fees similar to a money recovery suit.

kavksatyanarayana (Expert) 08 October 2023
You shall file a police complaint against your relative that your relative has illegal possession of your valuables and in case you still don't receive your gold ornaments then you may file a suit against your relative.

Suraj Kumar (Querist) 08 October 2023
Sir,
I have already file FIR against my relative. Police has send three summon u/s 41 CRPC, which he received. He refused to return gold ornaments to police.

kavksatyanarayana (Expert) 08 October 2023
Consult a local lawyer and file a copy of the Police report.

Sudhir Kumar, Advocate (Expert) 09 October 2023
Things do not appear to be as simple as you stated.

what were the terms of handing over gold.

Suraj Kumar (Querist) 09 October 2023
Gold is handing over gold on good faith.

kavksatyanarayana (Expert) 09 October 2023
Ok. go ahead...........................................

T. Kalaiselvan, Advocate (Expert) 10 October 2023
For your initial question i.e., whether court fee is to be paid for filing the suit for recovery, yes the court fee is to be paid to the extent of the court fee applicable for the money recovery suit.

Sudhir Kumar, Advocate (Expert) 12 October 2023
why "X" will hand over his property to "Y".

please come clear on facts.

Suraj Kumar (Querist) 12 October 2023
Gold is handed over on good faith.

kavksatyanarayana (Expert) 12 October 2023
Ok, sir. very good........................

Sudhir Kumar, Advocate (Expert) 09 November 2023
You are choosing not to share the circumstances leading to handing over of gold. He can plead to gold to hve been pledged (or never give) which is logical to believe.

Anyhow, based on the given facts it can be stated that :-

You have already made police complaint and you say he is not cooperating. It is a non-bailable offence. Request police to bring him to thana.

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