• Mental harassment & threatening by elder cousin

My grand mother has left about many years ago, since my grani's properties are equal divide to 4 sons, but she can't done partition dide, therefore we don't know what is our property, some few years ago my father & his 3 elder brothers decided that they give a part of there property to our elder cousin who is a son of father's brothers. right now these elder cousin talking that, my father & his others brothers are sell this property to him & remaining property have 4 owner, but when my father & other owner are gave those property to my elder brothers they agree that 4 owner of grani's property, but if we give a part of these son's who is a son of one owner. he or they are not right to occupied others balance property, in this few of time my elder cousin has doing mental harassment & threatening to me, my father and others owners, by talking that, his father has also has a owner of balance property. which property we given to him (cousin)through donate by my father & other owner, he talking that this property we sell to him.but this is not write.please give me a advise who to solve this problem.
Asked 2 years ago in Civil Law from Kolkata, West Bengal
contact local lawyer . your father has to file  suit for partition to claim his 1/4th share in property .
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
for threatening you can lodge a police complaint,since there is no will or partitioned deed ,property can be divided in to 4 part ,obtain a letter of administration from the court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
if your cousin brother is threatening you and your family members you can file police complaint of criminal intimidation against your cousin
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
If no partition deed has so far been made then your father has an equal share in the properties left by his mother, which he can cull out by filing a case for partition in the court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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If you and your family members are being threatened in any manner by your cousin in relation to your proprietary rights then file a complaint in the police station against him whereupon he may be arrested.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
next time record his conversations . you can play out the threats made by your cousin in local police station . if police dont take action file complaint before local magistrate under section 156(3) to direct police to investigate and submit report
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
if cousin brother has filed civil case contest it on merits . your father has to file partition suit to claim his 1/4th share as advised earlier
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
it is necessary to go through the sale deed signed by your father and his brothers to advise.whether said sale deed was duly stamped and registered .  instead of repeatedly raising queries here contact a local lawyer . show him the various documents executed by your family .
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
registration made cannot be cancelled . for sale deed to be cancelled it has to be   done with consent of parties .
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
you want to cancel registry . it cant be done unless elder brother agrees
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
for cancellation of deed file suit for declaration ,declaring the sale as null and void
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
If he continues to threaten you even after police report having been filed against you then you may move the High Court for protection or the concerned local court for summoning him to face trial for the offence committed by him
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
If your cousin brothers file a case for culling out their share against you then you will have no option but to contest it on merits.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Your father needs to file a case for partition to cull out his share in the property. The extent of his share can be ascertained only after perusing the sale deed. Contact a local lawyer and show him the relevant documents/deeds.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Registry cannot be cancelled unilaterally. Cancellation of sale deed has to be sought from the civil court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Fighting a legal battle requires financial preparedness. If you do not have money then do not go to court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
if you do not have money to fight a case,then make an application present in the court ,requesting the judge to appoint a govt lawyer from the state legal services authority.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

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