Aks 20 December 2017

Pieces of jewellery given by mother while she was alive.

My mother gave me some pices of gold jewellery 11 months before her death. Each piece was marked in her own handwriting.

She wrote on papers that which particular jewellery she is giving to whom...such as my wife, my daughter in laws , me and my wife.

On her death, A handwritten Will appeared where she wrote that " my jewelery should be given to my daughters." Some jewellery she had already given to my sisters and some they took after her death.

Now, the sisters want the pieces of jewellery she gave to me to be given to my wife, sons, daughter in laws and me.

Do my sisters have any legal right to demand those pieces of jewellery back from me because mother's Will says "my jewellery to be given to my daughters."?

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4 Replies

Shankar 20 December 2017

What's the declaration suit?

Vijay Raj Mahajan (Advocate) 20 December 2017

Will is with regard to properties (both movable as well immovable) which are in possession of the deceased at the time of her death or which she was expected to come to her in future. No Will can be made of things already given away during lifetime to someone else. The gold given to you, your wife and others by your mother during her lifetime became your properties and those cannot be included in her Will for her jewelries.

Kumar Doab (FIN) 20 December 2017

The handwritten note may help to show that before her death she disposed the articles. I it signed by witnesses?

The handwritten WILL is having two witnesses also and is it a valid WILL?

Aks 23 December 2017

Jewellery was given to me in 2015 and each piece says who it should be given. I have a photograph of my mother distributing the jewelley. Mother died in 2016 ,one year after giving the jewellery.

Her handwritten will with two witness signatures appeared in Sept2016. Will this situation not come under Adeemed Assets as She with her own hands gave the assets while she was alive.