Tejal (house wife) 29 December 2011
My parents had given 21 tolas of gold to me in my marrige which my mother has got from her mother & mother inlaw. I dont have any kind of bills for it . But i have a photos & videos of them at my marrige time. And also have photos of my mother wearing those jeweleries in old times.
Is this can prove that my gold is with my inlaws?I have only bills of the gold which we bought for my husband can we ask tat gold too?
Sanjeev (Lawyer) 29 December 2011
There is no easy way to prove the same even if you may have the bills still it would be not provable that this was in you MIL custody.
Adv. Chandrasekhar (Advocate) 30 December 2011
It is difficult to prove it in criminal law, but if you invoke provisions of domestic violence Act, where the quality of evidence required is "preponderance of probability", you may succeed.
sridhar pasumarthy (ADVOCATE) 30 December 2011
You cannot succeed. Don't waste ur time and money.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 30 December 2011
It requires strict proof Tejal to convict a person in 406.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 31 December 2011
Dear Tejal
if you have orally says that all the dower & gifts are with the In-laws & they are not ready to return the same , it is not sufficient, but try
yes you can claim that gold too as it is your gift by husband & it is covert as stridhan.
feel free to call
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 31 December 2011
It can not be claimed in IPC 406.
It can be claimed either in DV ot by filing a civil suit, there also the proof that property existed and it was handed over to the defendent and also that he refused to return is a must.
harassed.by.498a@gmail.com.
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