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My brother breached trust of my mother
10-Jun-2025 (In Family Law)
My brother exchanged all my late mother's jewellry( which her father gave her) and bought new one with his name and gave all of them to his wife during wedding ,as i didn't attended his wedding I was not aware of this now ,what am I supposed to do now?
your brother exchanged his late mother's jewelry and bought new jewellery and gave away everything to his wife his is kind of theft and you should report to the police station you are not aware of it go to the station and ask for fir
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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This crime is charged under the criminal breach of trust in BNS.
Since the jewelry was inherited and not your brother’s individual property:
This amounts to criminal breach of trust
Make sure to mention:
The jewelry belonged to your late mother, given by her father (maternal grandfather).
Your brother exchanged it without consent, bought new jewelry in his name, and gifted it to his wife.
Collect the following evidences
Photographs or records of your mother’s original jewelry.
Any statement, or family record showing it belonged to her.
Proof of exchange or purchase by your brother.
Consult a criminal lawyer in your area to help file FIR.
If police refuse to register FIR, file a private complaint before the Magistrate.
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Adv. Honey Pamnani
Varanasi / Banaras | 25+ Answers
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You may consider filing a civil suit for recovery or declaration of ownership if the jewellery in question was part of your late mother's estate and not solely your brother's. If the items were ancestral or jointly inherited, your brother had no legal right to unilaterally exchange or gift them without consent of the legal heirs. You can first issue a legal notice demanding an account of the exchanged items. If he fails to respond, you may proceed with legal action in civil court for partition and recovery. It is also advisable to consult a local family or property lawyer who can assist you based on the details and documents related to the jewellery and your mother’s estate.
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Adv. Lalit Kumar
Greater Noida | 50+ Answers
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