How has the court treated a gift of jewellery in accordance with Indian custom?
British Columbia, Canada
The following excerpt is from Sohi v. Sohi, 2015 BCSC 1043 (CanLII):
Josephson J. also considered Bassi v. Bassi, [1981] B.C.J. No. 531 (S.C.) which involved a gift of a large amount of jewellery to the wife in accordance with Indian custom. There was evidence that the jewellery was intended to be an insurance against bad times should such be experienced by the spouses. Conversely there was evidence that the jewellery was for the use and adornment of the wife alone. In that case, the court rejected the suggestion that Indian custom should influence the court’s decision regarding the characterization of the asset. He rejected the proposition that the “insurance” custom had been proved and concluded that the jewellery was not a family asset.
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