• Defame

My mother expied without any will for the property which was in her name and I have filed the case against my father and brother for share in property due to this my father and brother start defaming me in all relatives and in my office seniors. Due to this relation with my wife got worst.

Please suggest if I can send them notice for defaming me.
Asked 4 years ago in Civil Law

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12 Answers

If you have solid proof of defamation then go ahead with complaint otherwise collect proof first

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

1. If they are defaming you publicly then you can file both civil and criminal case of defamation against them

2. Moreover you must continue with your partition suit, if already filed, expeditiously so you are given due share in the joint property and seek injunction as well so your share is sold in the meantime.

3. Since this a family matter I would advise you to resolve this amicably.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You can give a legal notice for defamation and file a civil suit for damages in the civil court

Further you can file a criminal complaint direct with the magistrate under crpc 156(3) for ofrece under 499 and 500 ipc as definition is criminal ofrece under indian penalty.code.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can issue legal notice to father and brother to withdraw false and defamatory statements made against you

2) if they refuse file complaint of criminal defamation against them under section 500 of IPC

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The partition suit is different to that of the defamatory messages that your father is spreading against you and your wife.

You can very well file a defamation case against him for the wrong and defamatory activities he is doing agaisnt you spoiling your name and reputation in the society and in public.

You may gather substantial evidence for this acts along with witnesses to establish your case.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1) If property belongs to self owned by your mother, than you can ask your share to them or you can get equal share in the property.

2) Instead of sending them defamation notice try to solve direct problem and send notice for your equal share in the property and ask them to give your share early.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hello,

Yes you can definitely send the notice for defamation and an claim compensation.

Later, if they do not stop from doing such activities then you can file a case of defamation both under civil and criminal law.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello sir, Yes you can send a legal notice for defamation and can also register a FIR under section 500 IPC for defaming and causing mental and financial loss

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Best is file a partition suit, and get hold of ex parte ad interim injunction and then your brother and father cannot sale or rent the property. The case will be never ending one and they will not be able to sell or rent. Your purpose satisfied and get a good lawyer for yourself.

No need to file defamation such partition suit if filed already it is irritating them and and they giving you indirect hints to withdraw it by keeping you under mental pressure by insulting you.

Be calm. Its just a pressure creating tactics

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Yes, if they have actually harmed you repute, you may send them a legal notice.

You may take kaanoon.com's help to send this legal notice.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Notice can be send, no bar.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes you can send them a notice of Defamation demanding an unconditional apology for the said acts of Defamation.

Prashant Nayak
Advocate, Mumbai
27274 Answers
88 Consultations

4.4 on 5.0

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