Elaine W asked:
I have a phycopathic sister in law who has mounted a vendetta on my 13 year old daughter over a silly comment. She is now demanding that the birthday present she bought her be returned to her. Just wondering what the legal position is on this. Thanks
I have a phycopathic sister in law who has mounted a vendetta on my 13 year old daughter over a silly comment. She is now demanding that the birthday present she bought her be returned to her. Just wondering what the legal position is on this. Thanks
Your sister-in-law has, without a shadow of a doubt, absolutely no claim to that gift, and no court in the land would entertain the idea of it being returned to her for at least five very different (but equally strong) reasons.
Your sister has no right to demand return of something she gave away. She sounds like one immature human being. Ask her if she’s ever heard the term 9/10s of the law (as in possession is 9/10s of the law)?
Once a gift is given, the giver has absolutely no claim to it ever again. Tell your sister-in-law to take a hike.
A gift is a gift,nothing more… and nothing less
It does not matter whether it is money or anything else
Tell her to go and get stuffed
How can anyone be so horrible, especially to a young person
She can do nothing about it no matter what she might tell you
She has no chance. Let her try to recover the present through legal action. She will get absolutely nowhere. A present cannot be returned to the issuer at a later date just because a relationship has soured. Not under 99.999% of normal circumstances.
If, however, the gift was part of a contract, and could be argued to be payment for a service, or was contingent on the receiver fulfilling some sort of obligation (which she had failed to honour), then your sister-in-law might have a case. But in the absence of such a written contract, duly signed by both parties, it clearly stating the terms of that contract, wherein the ‘present’ was referred to as payment, and not a gift, then your sister-in-law is whistling in the wind and has more chance of nailing jelly to the ceiling than of recovering that gift.
The gift was given freely without conditions. It legally belongs to your daughter.
Once you give a gift the legal right to the item/money/whatever vests in the recipient. I doubt your sister in law would actually sue over this (although if you act this way towards a 13 year old, who knows….) but rest assured the gift is legally your daughter’s.
Jeez. Return the thing, but have a Do-it-Yourself Fingerprint Kit on hand and get a few good ones off of her for later.
You might also make sure your daughter knows she really didn’t boil that bunny in the movie. It was fake.
~C
A gift is a gift and legally you dont have to return it once it is given. It is legally the right of the new owner and its up to their discrestion whether to return the gift or not. Legally she has no ground to stand on. She can take you to court, but it will cost her money and she is not likely to get it back unless she says your daughter stole it. But she must prove that it was stolen and show receipts. If you have taken a picture of your daughter opening the present then you have proof it was given to her.
It was given to your daughter unconditionally and has therefore become her property. If I had an auntie like that, however, I wouldn’t want to keep her present. I’d return it with the request that she would refrain from giving me any more in future, so that at least I’d know where I stood.
Its clear that she has no claim to the gift. Thing is in trust law there is a presumption against a gift i.e. if one gives voluntarly donates property there is a presumption that it was intended that the property be held on trust for the donor unless the donor is the father, husband or person in loco parentis (in those three cases there is a presumption of a gift i.e. the reverse). Therefore at this point in my answer there is a presumption that this property is held on trust for the crazy aunt.
Clearly as this is a presumption it can be rebutted by evidence that it was intended as a gift. Undoubtedly youll have no problems being that it was a birthday gift, assumedly it was wrapped etc. Therefore with that presumption rebutted your sister in law has no claim to the property.
It is your daughters present,she keeps it,you have a very nice sister in law.
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