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mounika (abc)     16 March 2011

can i get the gift money?

 

I am 21 years old when i married against my families' wishes. Since then, my brother stopped talking to me. After marriage my mother promised to give some money as gift and kept it separately with one of my relatives. she also communicated this matter to other relatives also. Meanwhile she also nominated my name for some bank accounts also. The gift money is equivalent to total money in bank accounts. After my mother's death, my brother has given me only the bank accounts money and refused to give the gift money... He says that he has pledged the bank documents for a loan when my mother was alive and therefore after her death he repaid the bank loan using my gift money. He is arguing that since my mother only promised me money, i can take the bank money instead of gift. Please advice?

Thanks in advance.......



Learning

 2 Replies

Ambika (NA)     16 March 2011

Mother's promise, as you have seen would be overridden by brother/s. If your brother is  ready to give you the gift money, and if you do not have any ego problems, take it before he changes his mind. Oral promises do not stand in the eyes of law unless they are in the form of gift deed properly executed 

About the bank amount--nomination etc., wait for the advice of advocates. 

1 Like

Arup (UNEMPLOYED)     16 March 2011

" my mother was alive and therefore after her death he repaid the bank loan using my gift money."

he use your gift money to repay the loan, without your concent.

therefore it should repay to you. talk to brother and other family members / wellwishers.


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