Background: I am married hindu 33 yr old working women. I have 1.5 yr old baby and we, husband and baby stay in Bangalore. I have 1 brother, who is physically n mentally weak. My mother, father and brother stays in Ranchi on my grandfather undivided property. Problem - My father has 4 brother and 1 sister. All four family stays in grandfather land separately. On Dec 12, My uncle has attacked my mother(not severe) and verbally abuses my brother. He was drunk. My father lodged FIR but then he compromised. Uncle came out from jail. On March 29, same uncle has beaten my brother from hammer on his head. and he attacked on my mom too. He was drunk. Father Filed FIR, police arrested him but again my dad compromised. Dont know why he is fearing. Still my brothers medical treatment going on. What I feel like, they want our family to leave that place so that his portion of property they can take. All 3 family are together. Solution: 1.I got suggestion from relatives to file SENHA( dont know english name) against that uncle . Is it possible to do it from bangalore? 2. My father will make gift deed of his portion and I will register it. then I can apply for partition suit. whether above approch is correct? what else I can do to secure my family. I cannot travel more bangalore- ranchi along with baby. what help I can get give them from online or hiring lawyer in bangalore? Money is not a constraint.
1. No this cannot be filed from Bengaluru.
2. Yes, your father is free to transfer his undivided share in this property to be you. Post this, you'll be free to file a partition suit.
Rather than hiring a lawyer in Bengaluru, engage a lawyer in Ranchi so that he may assist you in this and suggest you both civil and criminal law remedies.
1) complaint has to be filed by your mother / brother in Ranchi were offence took place
2) it cannot be filed in Bangalore
3) if father executes gift deed in your favour then you can file suit for partition for division of property by metes and bounds in Ranchi
4) you need lawyer from Ranchi not bangalore
Dear Client,
No case or court jurisdiction for act/cause done in Ranchi. Partition suit is maintainable where property is situated.
In 2nd FIR, father should not have done a compromise, that was good case to keep him behind the bar, sorry to say but next the incident could be more severe, can cause loss of life. So, insist on second FIR.
Father can file partition suit, and for GIFT DEED , your presence will be required in ranchi to get it registered.
Better find some good lawyer in Ranchi, get restrained orders from court, not to interfere in the property and harm to family members.
1. The affected party can file it from any place, even from Bangalore if they apprehend danger to their lives at that place.
2. Yes, you can do it.
3. You can hire a lawyer at Bangalore or at any place of your convenience and take the assistance of a lawyer.
1. I am not aware of SNEHA. It may be some local NGO which is of no help in this situation. To restrain your uncle from repeating this offence pursuing the criminal case and keeping him in judicial custody for long is only option. Since your father compromises with his brother every time next time get the complaint lodged by your mother so she may not settle with easily like your father.
2. Your father can file suit for partition to divide the property physically. For this he need not transfer his undivided share in your favour.
3. The criminal case is to be filed in the place where the crime is committed. Similarly partition suit is to be filed where the property is situated . So Bangalore is no where in this picture.
As your approach is correct. For appointing lawyer contact Kaanoon.
No the complaint has to be filled before police station in Ranchi at local jurisdiction and restraining order can be also passed by the magistrate of competent jurisdiction at your place at ranchi.
2. Yes your father can make a gift deed of the undivided share and persuent to that a partition suit can be filed by you in ranchi court where the land is situated.
You donot have to travel in partition suit your lawyer will handle it for police complaint since you were not present there statement of your family there can be recorded.
Hi,
The term SENHA means informatory application/petition and it is filed when there is danger from some one. It is better that clear FIR be registered against that uncle. But, you wish, you may send the SENHA against him stating all the situations to police authorities including DM and SDM of the area from Bangaluru itself. The approach of gift deed and partition is correct and the same can be done through your father or mother also. The case can be filed and tried at Ranchi itself and not in Bengaluru.
1. It is not possible to do the same from Bangalore, since neither they are living in Bangalore jurisdiction and nor the land is situated in the jurisdiction of Bangalore.
2. Yes then you may apply for the partition suit.
It is better for you to hire a local lawyer based in ranchi, let me know if you need my help.
Regards
