Hello,
File a complaint against this organization.
If the police refuses to lodge an FIR then file a complaint before the magistrate under section 156(3).
File a civil suit also to claim the share that is your legal share.
Regards
Kerala Jamat association forceful and unwanted interference in property inheritance matters
Hi, I am a US citizen, originally born in India and live abroad. Last year, my father passed away leaving several properties in Mumbai and Kerala. He has two families and I am the daughter from his second wife. Following his death, my step brother has taken possession of all the properties (most of them which are in Pagadi system) and his behavior indicates that he wants to usurp everything leaving nothing for the daughters of my father's second wife. There is a very popular organization in Mumbai called Kerala Jamat, who is interfering in our property matters and even though I have sent them a legal notice, not to interfere in our property matters they continue to do so. They even locked my father's office and took the keys by force, saying they had the right to resolve any dispute related to matters about Kerala. After I told them I will go and complain to the police they gave the keys back, but continue to work with my step brother to put undue pressure on us. Most recently, I came to know that Kerala Jamat is trying to file false police complaints against me at the police station. How I can deal with this rogue organization called Kerala Jamat, which unfortunately over the years has gathered enough (well respected businesses who are really gundas), who are trying to steal my father's property in the guise of pretending to support my step brother's interest. Can I file a criminal case of harassment against them?
Asked 8 years ago in Criminal Law
Religion: Muslim
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10 Answers
1) file police complaint against Jamat for acts endangering peace , criminal intimidation under section 504, 506 of IPC
1. First of all collect evidence of the all such interference and harassment meted by the Jamat on you in the form of audio/video recordings.
2. Lodge a police complaint against the Jamat for illegally harassing you including giving you threats in connection with your father's properties.
3. If police fails to take any action, file a Writ Petition before the Bombay High court against police inaction praying for a direction upon police to register FIR, investigate in to the matter and act based on your said complaint.
4. Jamat will be tamed after this and thereafter you shall have to file a partition suit claiming your share of the properties of your father who has demised, intestate keeping in mind that Pagdi system properties are not owned properties wherein it will be difficult for you to convince the Court while claiming for inheritance of tenancy right since you stay abroad.
5. However, your father's other properties can be claimed to be partitioned by you as per law.
If you have legal rights over the property, file a criminal intimidation, attempt to commit offence, unlawful assembly and trespass.
Report the matter to the Police and get a FIR lodged against Kerala Jamat and your brother.
They cannot trespass over the properties left behind by your father, in which multiple stakeholders have interest at the moment. This is criminal.
Also, they cannot criminally intimidate you.
1) You can file criminal case against them. First lodge a FiR against them what they had done with you.
2) Madam sitting in the USA, your possession problem will not get sorted out. Try to to take all properties in your hand by the way of separation anoung you and you're step brother as soon as possible.
1. If the legal notice sent by you to this association has not produced the desired result then file a suit for injunction against your brother to restrain him from creating third party rights in the property and also against the association to restrain it from interfering in the matter or taking its possession.
2. File a suit for partition against your brother to cull out your share in the property as your father died intestate.
Dear Client,
No false case possible against u, File FIR u/s 506 Criminal Intimidation.
Also file civil suit for injunction for any kind of interference by brother.
You first of all file a partition suit in the civil court with an application seeking injunction restraining the defendants from alienating or encumbering the property in any manner.
If the so called Jamaat people indulge or interfere in this property issue, you may first issue a legal notice to them instructing them to refrain from interfering in this matter failing which you may initiate legal action against them through police or criminal laws.
If they still indulge in such illegal activities in this subject, then you may lodge a criminal complaint agaisnt them and also approach the commissioner of police or superintendent of police seeking his intervention owing to the political influence they have and with the police and locally.
File a detailed police complaint or FIR against that group or persons. Also pursue the same with Indian Embassy. Also cc the said police complaints to various superiors till DGP police. If still not resolved file a writ petition in Kerala High court.
