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Nishanth Srivastava (sELF)     31 May 2013

Claim for fake ornaments

My wife and I have been married for an year. There were issues since the inception, as wife and in-laws were dominant on me and family. Their demand was: I have to live at their house and I should not keep any contact with my parents and sister, which I totally denied.

My wife has filed a case against me in family court and 498A (in which me, my parents, my sister& brother in law-who resides on a different town are been victimised). We all have taken anticipatory bail for 498A. Allegations of 498A has the usual stuff or mental & physical torture etc. But the main issue is with the jewellery, which is as follows.

At the event of marriage she was wearing some jewellery (which we don't even know that whether it was real gold or fake). The ornaments were kept in my dad's locker. After 6/7 months in-laws came and demanded for jewellery for attending their relatives wedding and my dad took from the locker and gave to them. They have disposed the entire ornaments and purchased a property on wife's name. On the property documentation my dad is also a witness. Even at that time they have not disclosed the fact that they have sold the ornaments. The actual property tranasction was 27 lacs and they have mentiones just 3 lacs in document to avoid tax. Market value for that proerty is nearly 30 lacs. This is the actual story.

Their allegation is that they have given 150 sovereigns (1200 grams)  of gold to me, which I have kept in my dads custody and they want it back. They are saying that they have bought a property and gifted to their daughter which was mere 3lacs (its from his savings.). They have submitted the marriage photo as a proof for ornaments.

How can I prove that they have taken back the gold from us? Property was bought by disposing the ornaments? Is marriage photo sufficient for them to claim 130 sovereign... Don't they have to produce the bills? They may say that ornaments were old which we bought long time back and got misplaced.

They have also made a deal with the seller of the property to say in court that he sold it for 3 lacs as they both are friends. How can I prove that the real value of property is 27 lacs and in-law has bought this by disposing gold. 

Please help me, its humble request. I am in deep trouble. Thanks in advance. If you need any more information, kindly ask. 



Learning

 18 Replies

Harsh (Manager)     16 June 2013

@author

if they bought a property with her jewels, they must be real not fake.

you may not be able to prove  conclusively that your dad returned the jewellery, as there is no agreement or witness.

BUT, how did your father return them? did your father and in-law BOTH go to the bank to retrieve the jewelry?

If yes, then you can have some evidence. Banks would have  CCTV installed, askfor  a copy of their footage CD asap and you will have some evidence to show.

Also how many times was the locker operated AFTER your dad returned the ornaments?if never, dont operate it again till the case is closed.

Also, old or new, THEY have to prove the worth of their valuables not you.

Property - even if they bought it for 3 lacs, they may have hidden the remaining money or the jewelry. you can argue.

Dont mention about your evidences to police or any other, disclose it at the right time.

1 Like

(Guest)

Try to get proof that market value of that property and neighbouring properties is 27 lakhs not 3 lakhs.Approach local real estate agents and they may have different properties for sale and get estimate.3 lakhs for a property is so tiny that Judge may not believe it.That way you can prove they are lying.If necessary,complain to tax authorities that they showed low value of property to avoid tax.

1 Like

Nishanth Srivastava (sELF)     19 June 2013

Thanks Harsh and Red for the response.

@Harsh,

My dad alone went to the locker to retrieve the gold and it was handed over to the in-laws at my residence the same day itself, but there is no agreement or witness other than my mom.

Their statement is that the gold was under our custody and they want in back. The property they have gifted to their daughter from his savings (which is just 3lacs.). How can we argue that they have hidden the gold or money? 

@Red

We have complainted the Registrations department regarding this, but they says that notified value by Government in that area is 3lacs only. And if there is no issues with buyer and seller how can we interfere in these matters.

One question, my dad is also a witness for this documentation. If witness says that the actual transaction was for 27lacs will that matter to the judge?

Harsh (Manager)     19 June 2013

About gold --> I had posted another thread where I had queried experts on "statements as evidence". However, the same was hijacked by some 'preacher' and i didnt get a proper reply. I still feel that you and your family is NOT in any trouble regarding gold. you argue meaning you say it loud in court (since there is no proof).

if there is no proof of acceptance and there is no proof of return. everything is just he said/she said which doesnt work in court.

Talk to your lawyer and seek his/her guidance before you talk to Police or any other.

About Market value --> its true market valuation is many times higher than govt. valuation and you can get some market research report to support it, but as long as the transaction occurred at a minimum of govt. valuation it is valid and judge will not 'guess' whether it is right or wrong.

and no your dad cant be a witness here as he could be accused/has vested interest.

REMEMBER --> It is NOT your onus to find out what they did with the gold (it helps if you can prove it but not necessary), they need to prove that they kept so much gold with you and didnt take.

 

@EXPERTS

If @author's parents agree to have recieved the gold, kept it in their custody and ALSO returned it back to the wife' parents, what are the liabilities here? Again no agreement, no witness.

If court believes the first part (about receiving gold) they are bound to respect the second part also -> which is my argument.

1 Like

(Guest)

They have clearly checked the government valuations that`s why they have quoted 3 lakhs...But Government valuation is always low...If you can get real estate quotations for similair properties,and it is high,you can atleast create doubt.The judges are no fools they know government valuations are low...Besides they have put a case on you...It is upto them to prove that you have the gold...You keep telling the truth and that they are putting a false-case on you...If by any chance you can find the person to whom they sold the gold to,then you can put a case against them.

1 Like

Nishanth Srivastava (sELF)     20 June 2013

Thank you again Harsh and Red.

 

@Harsh

We have given our statements to Police with respect to the 498A as:

"The ornaments were handed over to the in-laws on July 4th and they have purchased the land on wife's name on August 22nd. Infact on the day of documentation we came to know that the ornaments had been sold for buying this property and this property is solely in the name of wife. So the ornaments were sold in this span of 1.5 months and we also know the jewellerys where these were sold. So police can take the CCTV footage from these jewellerys. My whole family is ready to submit our bank statements to substantiate the fact that there is no transaction of lumpsum figure in our accounts. Also court can enquire, we have not done any investment in means as land, apartment, house, car, shares etc. At the same time court also has to enquire about their bank statements and their investment made in this tenure."

Would this be a valid point.

Also, I have an audio clip of nearly 3 hours between me, my parents, wife and her parents in which all these matters clearly come into picture. The in-laws says about for how much the land was purchased, they have sold all the ornaments, they will get 50lacs if we sell it after 2years etc. Would this be accepted in court as an evidence? Because many say that it will not, because they will raise many questions of the circumstance for recording this conversation(why did you do this), mimicking the voice of them etc.

 

 

@Red

Real estate agents won't give any written estimate/ quotation for the properties. But what we can put forward is court can enquire about the present market value of that area. 

Also, they have made a deal with the person who sold this property to say in court that he sold it for 3lacs. How I came to know was that during the family couselling session in family court, I presented to the cousellor in front of wife about the property transaction and the discrepancy in price. My wife told the seller is a front of my dad and we bought it for 3lacs only and he is ready to come before the court and say this.

How to tackle this.....?


(Guest)
You have excellent evidence to show that they are lying...As long as the audio recording is in the original format,it is admisible...And the timeline that you have shown supports your case...Also you could(through your lawyer) warn the seller that if he lies in his affidavit,you will pursue him for perjury...If you know the jewellery`s where it was sold,you could ask the court to send them summons to come and give evidence...They are bound to say they bought some jewels from F-I-L as long as they understand you won`t let things go if they lie.

1 Like

Adv k . mahesh (advocate)     20 June 2013

1. how they say that they gave 1200grams of gold do they have any proof 

2. you can defend saying that you have not accepted any gold at the time of marriage , stay on this point

3. legal conselling that point can be taken as mere evidence 

4. every sub registrar office will give you a market value statement first obtain by pying fees

5. by showing on mariage photos that she ware jwelleary on her body which total to 1200 grams is not a valid evidence, here if they tell then there point is to prove that they bought and given to you 

6. No bank will keep cctv at the locker section and it is a private section for the customers of the bank and no bank will provide you the footage copy (for that you should have a police complaint 

1 Like

Nishanth Srivastava (sELF)     20 June 2013

Thanks Red and Mahesh,

 

@ Red

The audio recording is in original format only, but the clarity is poor. In the discussion they all were yelling through out and it was like everybody are talking together. It's difficult to make out things, but on meticulous listening we can understand things.

The seller has absconded to abroad. So there is no way to contact him.

We know the jewellerys where it was sold. But when we consulted a sales tax officer (my relative) he told that jewellery shop people doesn't collect the contact details of sellers. They may ask for name and you can give any random name, which may not be genuine. Also, while tax filing they just show as old gold purchase. So it would be difficult to find their name from bills. I believe the only possible way out is to get the CCTV footages. But I am not sure how long they keep these footages and will they provide those.

 

@ Mahesh

1. At the time of marriage of they told we will give her 125 (1000 grams) sovereigns of gold. She was wearing ornaments but, we never weighed or inspected the genuinity of gold. The very next day of marriage we have kept it my dads locker. In the petition this has gone to 1200 grams. I don't think they would even have bills for 1000grams. But what if they produce bills for some grams of gold and say rest we have bought long back for our daughter's marriage and we misplaced. Will the court accept this?

2. We have already given statement to the police that she was wearing ornaments during the marriage and we kept in my dads locker.And gave back to them when they demanded. Which is the real fact.

We can't deny this because they have produced the wedding photo as proof, in which she is wearing ornaments (real or fake... GOD knows.).

3. In counselling and in police station we have given same statement. Also, if we say we haven't accepted any gold from them there is another issue. The locker in which her ornaments were kept was taken just 2 days before the marriage. We took this because they told they will gifting her daughter so much gold and we cannot keep this at home. If we say we haven't accepted, they would ask why did you took a new locker 2 days before marriage. Correct me if I am wrong.

4. The notified value by Governement is 3lacs, since there is no re-notification/ re-valuation happened in the place for little long. But everyboday knows you won't get property for this price. But the problem is they have a deal with the seller. And what if he says that I have borrowed some money from my in-law long back and since he cannot repay it I gave him this property for this price or any story like this. Just my imagination.

5. Same as in point 1, we bought long back and misplaced the bills. Some bills they may show. But will that be accepted in court.

6. I don't need a CCTV footage from bank. Since my dad only went to bank to retrieve the gold and it was at my home he has handed over to the in-laws. 

Adv k . mahesh (advocate)     20 June 2013

i want to tell some facts

1. everyone marry once thinking that the occassion should last long throught her life long and for that she wants to look beautiful and for that she wears jwelles may be it is hers or your side or any other persons but she want to look beautiful 

2. no photo will tell that the wiegh of the jewels is that much by seeing the jewels from the photo or it is genuine or fake as per your words

3. at the time of counselling and police station have stated after wards when judge asks you then you can say that due to fear and due to tension you had stated that statement 

4. for all this you have to meed a family lawyer who will plan accordingly and will bail out you from this problem

5. if possible to take cctv of the jewellery shop take it for future evidences 

1 Like

stanley (Freedom)     20 June 2013

@ author .

1. Ask for the bills of the gold ornaments from which jeweler  it has been Purchased .

2. The weights and the ratio of other composition s  etc would be mentioned on it as well as the date.

3. For the jeweller to give them fake bills how would he show that sales tax has been paid on it that too old dates  .

4.Send summons to the jeweller and cross Examine him .

5. Send a copy of these bills to the sales tax office and tell them to cross verify if sales tax has been paid against these bills .

6. check  your father in laws salary ( can he purchase this amount of gold in proportion of the salry he draws ) and call for withdrawls of his bank account statement from where the cash has been withdrawn to purchase the jewels . The dates would be close by else your counsel has to prove that what they are saying is all lies .

:P

1 Like

(Guest)

If the audio recording is hazy,use an amplifier to see if you can increase the clarity of it.But the fact that you have an audio recording is good as it can be used in cross-examination to get the truth out of them.

It is a lesson not only for you but also everyone else that you guys needed to get a signature before you handed over the stridhan as it is always risky

1 Like

Nishanth Srivastava (sELF)     20 June 2013

Thank you all

@Mahesh

3. Then starting the locker just 2 days prior to the marriage would be questioned.

5. THese are big brands in gold industry and on our demands they will never provide CCTV footages. My doubt is that it will be too long when this part comes to court for argument, may be years as informed by advocate. I am scared by the time jewellers would misplace the CCTV footages

 

@Stanley

1,2. How about if they say misplaced as it was purchased years back?

3. I am talking about the bills when they sold the gold. We also get a bill when we sell the gold. Jewellers ask for a name and they will give a bill of that name (which can be any random name). So if we get sold jewellers bill book we won't be able to track their name in that. I believe CCTV is the only way out.

4. This can be done when this part comes to court for argument, years later. Correct me if I am wrong.Can we do this now at this point of time. Because now 498A case hasn't even called for the first hearing and family court only counselling is over.

6. He is a businessman. From his current income status he cannot buy this much. But as told he may say that since we had a daughter we started savings and purchasing gold long back itself. Its not like we bought it immediately before marriage.

 

@Red

Yes definitley and thanks for the advice.

Harsh (Manager)     20 June 2013

@author

you know exactly where they sold the jewellery, i suggest yuou collect more video evidence from that shop.

try to win his sympathy (dont go for tax authorities immdtly) and discuss it and video record it. if he can help you, its better than complaining against him to get the truth out.

audio recording - may or may not be entertained in the court.

you are strongly positioned, and since you gave a statement already at PS, you need to maintain one version of truth.

and your lawyer can easily help you with next steps, as said before also, you should not worry much they must prove the jewelery is with you.

IF for any reason - old bills, fire, flood etc. there is no proof, you cant be convicted for lack of proof.


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