There is no documentary proof available that your mother had kept her jewellery with your grand mother
2) 20 years have passed and your mother did not take any legal proceedings against her family
3) you cannot take any legal proceedings now
Can we fight legally for a jewellery theft case that happened 20 years ago
Dear All, My mother during her difficult time around 20 years ago kept her jewellery of around (500 gms) at her mother's place when her mother was alive for safety reasons. After some time when she went to collect the jewellery, her brothers who stayed with her mother to our surprise said that they had no idea of existenace and no jewellery available. There is no documentary proof available. How i should act in this regard? Is there a legal way i can tackle this today? Look forward to your advices. If any questions then i am obliged to answer. Regards Avinash
Asked 3 months ago in Criminal Law
Religion: Hindu
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5 Answers
There's no possibility to recover or even make a complaint for the jewelry lost two decades ago.
No case or complaint would be entertained at this very badly belated stage.
Dear Client,
In your situation, given the lack of documentary proof and the significant time lapse, the legal options may be limited. Instead, under the principles of bailment where all your mother's jewellery had been left with her mother for safe custody, you could have attempted to start a civil suit to recover either the jewelry itself or its equivalent value. Since you do not have any documentary evidence and proof, you would have to depend upon oral testimony and circumstances with all the witnesses as well as patterns of conduct which would support your case.
You may file a civil suit on the recovery of the jewellery. In this case, your mother's brothers will be obliged to respond. It would, however, depend on the presentation of oral evidence and circumstances, with no documentary evidence and the passage of time. It may also be wise to consult with an attorney on the strength of your case prior to approaching the courts legally, as the burden of proof, in this case, lies on your side.
Otherwise, you might consider mediation with your uncles as the law process may be too tedious and a trial without concrete evidence will not be sure, either.
Thank you.Hope this answers your query.
- As per law, after a long period of 20 years , no case is maintainable.
- Further, if your grandmother is no alive then it cannot be proved that your mother has given her the said items.
- However, you can send a legal notice to your mothers brothers for handing over the items , otherwise you will be constrained to take legal action against him.
If there is no evidence or witness then even if you file a case will not result in your favour. If you have a witness or any evidence then you can give a try
