All gold is her streedhan and it's her.
She can file 406 IPC FIR and get her gold back
Hi All, Good Day! I am asking this question for my friend Sindhu Nair (Female, 25 year old, Divorced). Both of we are first year law students! We are from Kerala, Hindu family. Her father was expired 15 years before. She was married 5 years before (on 2014 Jan). After 2 years she divorced (on 2016 March). At the time of marriage, she get some gold ornaments as marriage gift, from her relatives. And at the time of divorce her husband returned it back to her. After her divorce one of her uncle borrowed all of her gold for his new business. Now for her education she want her gold back. But her uncle is not returning it to her. He is telling her that, it is not her gold. As per his words: "the gold was gifted by all of her family members at the time of marriage. Now she is divorced. So it is not her gold. It is the family's property". So they are not giving it back to her. All of her family members including her mother, sisters, uncles, etc are not supporting her. Everyone is telling her that it is not her gold. They all are telling it is the family's gold, as she is divorced. We feel this as a strange rule. She don't have any other option to pay her education fees, hostel fees and the fees for her 'job entrance coaching'. For your clarification I am explaining these events below: 1. 2014-Jan => She married, she got gold ornaments as gift from her family members 2. 2014-Feb => Her husband keeps it in bank locker 3. 2015-jan => her divorce process started 4. 2016-jan => her husband returned her gold 5. 2016-march => she divorced 6. 2016-dec => her uncle borrowing all of her gold from her 7. 2019 => she ask the gold back from her uncle. Now all of her family, except herself, is telling it is not her gold. It is her family's gold as she get divorced. She have phone call recorded audio in which her family members (including this uncle who borrowed the gold) talking about this. She don't have any other proof to prove that she gave her gold to her uncle and how much gold she gave. But we came to know that he took a gold loan using that gold from a bank. I have three doubts here: =================== 1. Who is right here ? (She or her family) 2. What she can do to get the gold back? 3. what is the chance to get the gold back if we are moving legally? Kindly help!
Your friend can file police complaint against her uncle under section 406 , 420 of IPC for criminal breach of trust and cheating against her uncle
2) prepare transcripts of audio recordings and enclose to the complaint
3) she is entitled to return of her gold
1) She got gift gold in the marriage so it's as stridhan and nobody can challenge that except her. She has full rights on it whether she is married or divorcee.
2) Now ask her to collect as much as possible photo of her marriage before and after ... In two years of marriage life she must have wear all those gold ornaments to functions and may have photo of her along with gold ornaments. That can be produced as a evidence.
3) Another proof is whatever conversation had happened between her and uncle via phone call she can produced it as evidence too.
4) Plus compare gold which is kept in the bank and took loan by her uncle, because all photo are taken and listed by bank the gold ornaments list. So this will be a valued evidence just you want do research in which bank and branch the gold has been kept it.
5) Yes, she can get her gold back if it is with bank against loan...if it is sold or destroyed by her uncle than it's very hard to recollect it. Do this police complaints procedure as fast as you can.
1. Any gold gifted to a woman at the time of her marriage becomes her stridhan which is her exclusive property.
2. If your friend has evidence to prove that she gave gold to her uncle then she may file a complaint under Section 406 and 323 IPC for criminal breach of trust and causing hurt.
1. She is absolute owner of gold it is not family gold.
2. File a police complaint for cheating and breach of trust.
3. She will get gold back.
- As per Hindu marriage Act, the Streedhan is the property that a woman obtains at the time of her marriage in the form of Gift , and she has absolute right over her Streedhan.
- Further, a Gift means transfer of ownership. It does not matter who the gift comes from. It belongs to the person to whom it has been presented. So, if any family jewellery is gifted to the wife, it is streedhan,Hence:
1. No family member has right over the jewellery items , except Ms.Sindhu Nair.
2. If, she having proof of Gold items, were given at the time of her marriage, then she should lodge her complaint to the police , and also a legal notice should be served to the uncle .
- Further , if no response , then she should file a complaint before the magisterate against uncle .
2. She will get her Gold back ,if she will take legal action ,narrated as above, against her uncle.
Good luck and dont forget to rating Positively.
she can file a complaint against her uncle for cheating and criminal breach of trust.
Streedhan is the property that a woman obtains at the time of her marraige.
Your friend is right in this situation as the gold belongs to her after divorce also and she can legally ask for her gold because it is her stree dhan.
She need to send them a legal notice for returning the gold along with interest for period when they used the gold.
Chances are good. But she need to file a complaint with police under section 406,420 IPC against her uncle.
Dear Sir,
It is better to file a civil as well as criminal complaint against that person and recovery the gift gold. She will get it back if she go for legally.
As per The Supreme Court of India:
“a Hindu married woman is the absolute owner of her Streedhan property and can deal with it in any manner she likes and, even if it is placed in the custody of her husband or her in-laws they would be deemed to be trustees and bound to return the same if and when demanded by her”.
The word Streedhan is derived from the combination of two words i.e. stree meaning woman and dhan which means property so StreeDhan is the property of a woman. This property includes whatever woman receives before or after the marriage i.e during maidenhood, the subsistence of marriage or widowhood. As per the Hindu philosophy, Streedhan is the absolute property of a woman and she has the right to gift/will away as per her own will. She does not even require the consent of her husband. A husband may/may not use it, but, if he uses it, then he must return the same to his wife when required. This includes all the movable and immovable property received by her. The following things are included under Streedhan:
Whatever gifted to her in wedding from either side is her stridhan and sole owner to it. Ask her to file FIR, that uncle asked her jewellery to keep in custody, but mortgage them to obtain loan. List of jewelry may have prepared at the time of divorce.
And jewellery will recognize from the possession of bank.