- This topic has 55 replies, 24 voices, and was last updated 1 year, 3 months ago by
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MHey! thank you for reading, my grandmother passed away recently and she left behind around 600 grams of gold. My aunts claimed that the daughters should inherit gold but my uncle and father have took care of my grandma all their lives, contributed financial aid for her health. They initially believed to split the gold but after my aunts claims they believe they should be getting a higher share. My aunts also tried to take away the gold without informing, but aunt in law stopped them. Is there any inheritance laws regarding gold? Can my dad and uncle get a bigger share?
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UIf your aunts got share in the house or were given equivalent value in terms of grand marriage function, streedhan and gifts/dowry. Then it should be split equally.
Otherwise, only daughters should be inherting it.
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UIn different circumstances, interpretation of laws is also done in different light, in which a judge “thinks.”
The law states equal distribution of assets of parents to all the legal heirs as per Hindu Succession Act. The court will initially try to mediate, in case it fails, will devise a formula for distribution of gold, house and other assets.
‘What I think’ and suggested is they should resolve it themselves on similar lines. Rather than spending fee and time on a legal battle.
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CEverything (including property and all other assets) will be, in the absence of a will, divided according to your personal law (the religion of your family).
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CIn that case, all class 1 heirs (mother and children of the deceased) will get an equal share in everything.
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LNAL here and welcome any corrections thus, but I believe this is what the usual process would be,
1. All the children and husband and parents are Class I legal heirs of the deceased irrespective of their gender and have equal claim on the gold since it is a Hindu family (mentioned in one of the comments).
2. I think Succession Certificate banega given that it is a movable asset. -
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Din absence of a will , everything will be divided equally between the children, neither you aunt nor your father can claim any extra share.
there is no special law regarding gold, simple property law will apply.
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MGetting a lawyer will only make existent family tensions worse, and they cost a lot, not worth it.
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IHow shameful. When it comes to taking care of their own parents they back out but when it comes to sharing of property they want equal halves or even more as in this case
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PThere is more nuance to this. Usually parents consider the girl child as an outsider and they spend and give off dowry around 10-20% of their networth. The girl is not expected to claim anything later on. The remaining 80% goes to the sons.
But the girl child is entitled to some of the gold of the mother though.
All this is about social conventions. Pegally speaking though, in absence of a will, all children have an equal share in the property, gold and any other assets.
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INot in this day and age. All assets are divided equally but responsibility is not shared equally. Even in my case my sister hardly does any work around the house or brings in groceries for the house but when it comes to asset division my parents have already decided who will get what equally. Mind you, she works in a good MNC.
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NI have a similar issue. After my parents passed away, my sister kept all the gold and silver with her. We are only two sisters. She said she would give me half but never shared anything with me while I was in India for a month long period. I don’t live in India and have officially given up on precious metal and the rental income coming from my parents’ house. My sister and I talk daily but none of us brings this into our conversation. Earlier, I had asked her to sell my share of the silver brick and transfer the money but she kept giving me some or other excuse every time. So I have mentally checked out now. I only wished that I get to keep some of my mother’s jewelry as her last memories but have made peace with it now. Some battles are not worth fighting.
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UYou are a good person.
But if your sister is also well off, she should share atleast 60-40 with you.But in your case since you are out of India and if you and your family are racking in $$$$, nothing wrong in giving all the gold to your sister.
Huge difference in earing INR vs $$$
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NThank you for your kind words. Just to put things in perspective, my sister’s in law family is filthy rich. They live a comfortable life in India with three maids and everything. While I acknowledge my sister doesn’t work but that’s a choice she has made for herself as she is equally well educated. Should I be penalized for toiling my way up to financial independence.. I guess not. Her husband uses her not earning as an excuse whenever he needs to create a ruckus in my life and validating why they need more share from my parental belongings.
While I earn in dollars, my spendings are also in dollars and whoever is currently living in Canada, they would know how difficult it is to sustain with prolonged inflation, high tax bracket and a daunting mortgage to pay back with high interest rates.
But it’s not about money at the end of the day. It’s about my emotions and giving me what’s rightfully is mine. But I have chosen my relationship with my only sibling over my rights. It’s a sad reality but it is what it is. Whatever I do, it’s a lost battle.
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MYou deserve to have some of your mother’s ornaments, If you are wayy way more well off than your sister, you can ask her for an earring or some little ring (just for the memory of your mother), but your sister sounds a little selfish.
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P1) Yes they can go to court for anything they like.
2) The court will only divide it equally between all surviving successors. -
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SI understand property but how can one claim the ownership of Gold in the court of law? Can’t we defend it by saying your dad and uncle bought on their own expense and it should belong to both of you.
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