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sekar   27 December 2016

Dowry case- money not given back to my mother

My mother's father gave rs.20000 in 1975 to my father's parents on my parents betrothal, for my father's parent's marriage use and on information that it should be returned to my mother later (there is no written aggrement for this. but the amount was given in front of all in betrothal hall). My father doesnt know about this money transaction during marriage. After marriage also he very lately he came to know this. But my father did not stayed with his parents. only his 2 brothers and 3 sisters were staying with my father's parents. My father never used that money (rs.20000). As per my mother's father's information on my parents betrothal they should give it back to my mother. My father's parents are not alive now. My father's mom, But in front of me and my father's younger brother she accepted to give it back to my mom. But after that 2 years without giving rs.20000 to my mom she died. Now when my mother asks my father's sibblings to give the amount from her Mother-in-law and father-in-law's property before partitioning the property amoung my father's sibbling's,

"my father's brothers and sisters are saying that the amount cant be given back as it is a DOWRY"

They say like the above and they are not giving the money back to my mother. she is worried that its hard earned money of her dad. My Mom's Mother-in-law and father in-law promised that they will return the money back to my mother. Now in 2016 its equal propotional value should be given to her. 

When my father ask also for the rs.20000 that has to be given to my mother to his sibblings they say its  a Dowry and cant be given back.

Please tell us how this rs.20000 can be got back?

thanks,

Sekar



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 December 2016

  • Any kind of demand made by the groom or his family, that involves a direct or indirect “deal” in connection with the wedding, is considered a dowry.
  • This demand can be made before, or during, or after the wedding.since the main persons were died. you can not establish evidence. so forget it. 

sekar   27 December 2016

sir i am sekar. On a paper my father made a method /way  of partition of his parent's property amoung his 3 brother's and 3 sisters. In that paper it is mentioned as marriage expense money got from my mother's father rs.20000, that has to be returned to my mother and a part of one property was mentioned for that purpose as per that days proportionate value.This paper was signed by my father and one of his brother,  as part of accepting to the way of settlement and partioning method.So Can that be used as evidence for claiming that money now? as he too is saying that its a dowry now.

Regards,

Sekar

Sudhir Kumar, Advocate (Advocate)     28 December 2016

What your mother really wants now.

sekar   28 December 2016

Sir my mother needs today's value of Rs.20000 from that property, before partition of the property between my father and his sibblings.


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