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Ravi Darisi   20 June 2021

Inheritance

My mother passed away last year (2020) due to old age (84 years). She is survived by 3 daughters and 2 daughters-in-law (I am the eldest son). We are hindus. Would like to know who is entitled to take my mother's jewellery?


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 6 Replies

Shubham Bhardwaj (Advocate)     20 June 2021

Dear Mr Ravi, 

In case of a moveable property the owner is the one who is in possession of the property until proved otherwise. I have assumed that your mother expired intestate i.e. without a will. The devolution of a Hindu female's property is as per Section 15(1) of the Hindu Succession Act 1956:-

15. General rules of succession in the case of female Hindus.―(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,―

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and 

e) lastly, upon the heirs of the mother"

 

Therefore, the property will devolve upon all daughters, sons and husband (if alive) of the deceased.

 

Regards

Shubham Bhardwaj, Advocate

District & Session Court, Chandigarh

Punjab & Haryana High Court, At Chandigarh

 

Disclaimer:- The opinion is only for guidance. 

 

 

G.L.N. Prasad (Retired employee.)     21 June 2021

The jewelry has to be distributed equally among her 5 children (3 daughters and 2 sons).  Get the weight of jewels, divided it by 5 and those who get more grams must pay  the market rate on that date to the extent and see that all get equal shares   Or Sell it away at market rate and divide the amount equally among 5 children

P. Venu (Advocate)     21 June 2021

"She is survived by 3 daughters and 2 daughters-in-law (I am the eldest son)". The facts posted are confusing. When son(s) are alive, what is the relevance of daughters in law?

Inheritance depends upon the personal law, as applicable. If a Hindu, the legal heirs are the husband (if alive) and the children.

 

Dr J C Vashista (Advocate)     21 June 2021

Jewelry left behind by deceased mother shall remain with the person in possession, until proved otherwise 

T. Kalaiselvan, Advocate (Advocate)     23 June 2021

If the jewels left behind by your deceased mother is kept separately for distribution  to her legal heirs, as per law all her legal heirs are entitled to an equal share in the said gold  or other ornaments. 

The daughters in aw do not have any right in the said movable properties at least not during ther lifetime of their respective husbands.

Dr J C Vashista (Advocate)     23 June 2021

During life time of a son his wife (daughters-in-law of deceased mother in-law) have no right, interest or claim in the intestate property left behind the deceased.

Other surviving members of the deceased shall have equal claim, right and interest in the property left behind their mother.


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