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srinivas pothabathula   31 July 2021

Right of Grandmother Gold after her demised

My Grandmother recently expired on 27th July 2021, all her gold ornaments which were kept on debt by my late grandfather in Bank was released by clearing the loan amount by his elder son 20years back with all the receipts with him. I want to know legally who has primary right on them- Elder son ( as he cleared debt & got the Gold back ) or Her daughter's?
Your valuable jurisprudence on the matter is highly solicited.


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 5 Replies

Shubham Bhardwaj (Advocate)     31 July 2021

Dear Mr Srinivas, 

As far as moveable property is concerned, the ownership is with the person in whose possession they are presently. However, if any other person can prove that the ownership is his, the court can order handing over of the moveable property to the person who proved it. Gold is a moveable property. 

You have stated in the query that elder son has paid the loan back and has all the receipts to prove that he paid the loan on gold and got them released. Now in such a scenario, it is the elder son who has a right on gold.

However, the heirs can mutually decide to divide the gold. However, the elder son will have to be compensated for the gold loan amount along with interest for 20 years. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

1 Like

Dr J C Vashista (Advocate)     01 August 2021

I endorse the expert advise of Mr. Shubham Bhardwaj.

It is to go to the person who has possession of ornaments, if other legal representative of deceased can not prove their claim, if any. 

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     01 August 2021

20 years back jewellery got released abd the owner passed away recently and question is who owns the jewellery.

 

Theoretically, if your grand mother died intestate, jewellery belongs to all legal heirs. However, where is the property in question? Is it available in the same form now? Or sold off and the deceased or with her consent such money was already spent? Such matters, it's better to resolve with mutual discussion and family settlement.

 

 

H.JanakiManohar Rao (lawyer)     01 August 2021

Since 20 years your grandma who is owner of the property is silent.So her will and intension is to give her gold to her G-son.

P. Venu (Advocate)     03 August 2021

Is there any legal dispute that has reached the court? If so, please post complete facts.


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