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Ponarumugam (Executive)     13 May 2021

Rights on wife gold ornaments after her death

I wish to know who has the Legal Rights on Wife Gold Ornaments given as streedhan, after her Death without any will:

        a. Husband

        b. Husband's Mother-in-Law

        c. Husband's Brother-in-Law

        d. Husband's Brother-in-Law Wife

 

 



 12 Replies

Sankaranarayanan (Advocate)     13 May 2021

First to Children 

Ponarumugam (Executive)     13 May 2021

We are not blessed with child. 

Advocate Bhartesh goyal (advocate)     13 May 2021

Is it a question paper? Any how husband has right over the wife's movable and immovable property.

Sankaranarayanan (Advocate)     13 May 2021

yes then husband  having right over the same as stated by expert Goyal ji

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 May 2021

LOOK AT YOUR EARLIER POSTS ON THE SAME ISSUE.

WHAT PLEASURE IS DERIVED FROM REPEATING QUERIES WHEN EXPERTS HAVE ALREADY ADVISED YOU ????

Ponarumugam (Executive)     13 May 2021

Dear Sir. Sorry for repeating the same posts. Even though I told to my wife relatives earlier based on your valuable comments.

Now again my mother-in-law and my brother-in-law made a complainant in police station and assistant commissioner asking me to return her gold since it is not your property as per streedhan law.

Police even threatened me to put FIR under section 420 for not returning gold to them.

Please advice

Pradipta Nath (Advocate)     13 May 2021

Was the death natural or unnatural?

Ponarumugam (Executive)     13 May 2021

Natural Death due to HTN/DM/Respiratory distress/Cardo Respiratory Arrest. Death Certificate issued Chennai Corporation.

 

 

Pradipta Nath (Advocate)     13 May 2021

Then your in laws has no right over the property. File a private complaint on your in laws and the police officer.

Sudhir Kumar, Advocate (Advocate)     17 May 2021

It would have been better if facts were introduced rather than setting a 20 marks question in a question paper for examination.

 

You have not even stated the religion to which the deceased lady belonged. Succession laws are religion based in India.

Arpita Chauhan   18 May 2021

Respected Sir,

First of all, As per the Hindu law any property belonging to a woman which she might have inherited, or got while property division, or received as a gift during the marriage or even her own Streedhan which she might have brought during the marriage, it is considered solely her property and she has full rights over it.

As for the person who will have rights over her property if she dies without leaving a will are:-

a) The first preference is given to her offspring. The husband is also a equally preferred successor.

b) In case there is no offspring and a husband then the second preferred successor are the heirs of the husband.

c) After this, if the above people are not available then the third preferred successors are the woman's family.

But keep in mind that there might be exceptions according to the case of the facts but this is the general rule.

I hope I was able to help but I would suggest you Sir that you kindly consult a lawyer and get the much needed advice.

Also this advice is not a legal advice. This comes after research on the internet. Please consult a lawyer.

Regards 

Arpita Chauhan

sneha jaiswal   23 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that: 
According to Hindu Law, Streedhan is whatever a lady gets during her lifetime. Streedhan incorporates all movable as well as immovable property, etc., and so on received by her before marriage, at the hour of marriage, during labor or childbirth, and during her widowhood.
If the woman dies with unnatural death within 7 years of marriage, then her legal heirs can claim that property but not her husband. If she has no children, then the parents can claim her property. Nonetheless, everything depends upon the nature of Stree Dhan.
If she dies with natural death as you have mentioned then the husband and children have the legal right to it. As per the query, you mentioned that you are not blessed with children, then you have the legal right to it. And, your in-laws have no right over that property or Stree Dhan. File a police complaint against your in-laws and the police officer who threatened you.
For better guidance, I will suggest you consult a prudent lawyer.
Hope it helps
Regards,
Sneha Jaiswal
 


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