Dear Sir, My name is Kumar; I am from Ramgarh, Jharkhand which is an hour drive from State capital Ranchi. This is an issue of domestic violence and property related. Sir My grandfather has three brothers, my grandfather is the median and alive crossing over 90 years of age, the eldest one is no more and the youngest one is alive. My grandfather has 2 sons; my father is the younger one. Now the matter; Sir my grandfather bought a piece of land some 40 years ago in his own name in my home town. As my uncle had no interest over the property, my father gave some money to my uncle and property was transferred in my mother’s name in the 2017 with all the legal formalities completed in the designated court. My uncle has one son and he is married 19 years back. Now, my cousin brother and his wife are creating the problem, they are demanding share in the property. They are threatening my parents to kill. Moreover they are threatening my grandparents also to kill. Yesterday there was a high rise quarrel among us. My cousin brother was about to hit my grandfather but fortunately, my father saved my grandfather from his punch. This has become a regular activity. My cousin brother and his wife is fighting with us and giving a threat to kill my parents and my grandparents every day. My cousin brother even uses abusive language to his parents also. My uncle and auntie is a senior citizen. My uncle doesn’t work now and my father runs a small retail shop. Now the question arises is – Can’t my grandfather sale the property lying in his name to anyone? (as he has sold the property and the property is now in my mother’s name.) As the property has been transferred in my Mother’s name (Title deed has also been obtained), do my cousin brother or my uncle has any legal right over the property? Can’t we file a case against my cousin brother for the domestic violence being caused by him on a regular basis? Can’t we file a case of defamation against my cousin brother and his wife as they are deteriorating our image in the society? Please advice.
Grand father can sell the property as it is his self acquired property
2) uncle and cousin brother have no share in property
3) file complaint of criminal intimidation under section 506 of IPC against cousin brother
4) your mother should seek injunction restraining cousin brother from disturbing her possession of property
1) Yes you can can file case against your cousin brother under DV act plus under Defamation act.
2) your mother can sell the property directly to any one. As she is the owner and they can do any thing. You have to explain all the issue in front of the court ot family meeting.
Your cousins have no right if transfer deed is done carefully.
Dear Sir,
Your grand father has every right to sell the properly. It is his property as per following formula.
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What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
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HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS
A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.
1. Yes it is self acquired property of grandfather and he can on his wish sale gift property no other person has any right on the property.
No your mother is sole owner of the property and the cousin brother doesn't have any right on the property.
The title is transferred by the sole owner and it is completely a valid transaction
See domestic violence can be filed by women on any male member in domestic relationship.
You all can file a criminal case of intimidation threat and abuse against the brother for clear threats and violence. Also if he detoriting image along with 506 ipc criminal intimidation ipc 500 for defamation can be filed against the brother and his wife.
First you have to file a criminal complaint before the police station against your cousin brother and his wife. If the police do not register the crime then file a private complaint before the Magistrate court.
Your grand father can transfer his own property(his self acquired property) as per his wish. No one can have any right over the property. Once it is transferred to any person then the remedy for a claimant/ interested person is to approach the civil court your mother can also file suit for injunction restraining cousin brother from disturbing her possessery right over property
Please, firslty file a case against that causin in the local police station as there are chances that he would harm anyone of you in future, and get him arrested.
The property is not an anscestral one so your grandfather can do anything with the property without anyone’s consent for the same.
1. Ur uncle and cousin have no legal right on the property.
2. U can file criminal case against them
Dear Client,
Why don`t u file FIR against him.
Grandfather can sale his property to any of his choice, no one hold him. After property being transferred in mother name, no one left any claim.
No domestic violence but Criminal complain under Indian Penal Code.
No defamation case.
Dear Sirs, Thanks for your valuable answers. Sir, after going through your valuable suggestions we are planning our further course of action. Now the situation is; Can we file an FIR against my cousin brother and his wife directly or do we need to submit a simple complain to our local police station? How a complaint is differs from an FIR? Will the police register our FIR/complain? As we don’t have any evidence. We don’t have any CCTV footage or something like that to prove their (my cousin and his wife) atrocities. If the police don’t entertain us, what will be our further action? How and where to file a private complaint before the Magistrate court? Can we file a case directly to the designated court without intervening the local police as the police personnel may not listen us? Please advice.
Your grand father should file complaint against brother and his wife
2) if Police refuses to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
Straight FIR, life in danger and under continuous threat, Prohibition orders against the cousin, not to visit your place and contact your family in any way.
If police don`t act, complain to SP.
No help from SP than through local court, hire local lawyer.
Can file directly to court.
See first submit a written complaint before police disclosing the complete facts on paper based on that complaint the police shall register a FIR.
All the allegations in complaint shall be as it is entertained in FIR. Further always vedio evidence is not required there are eye witness in your case.other family members neighbours who can testify.
Further if police deny to register the FIR first give a written complaint to SP of your jurisdiction and then he fails file a private complaint with jurisdictional designated magistrate under crpc 156(3), read with 190 and 200 crpc
Get help of lawyer to draft the private complaint.
See for each area a magistrate is appointed under which the area comes, the police station will tell you who is jurisdictional magistrate in your area.
Also you can enquire at local court the registry or local lawyers will tell you under which magistrate your area is designated.
Further more on your complaint the magistrate shall record statement and direct investigation in matter.
Though you can directly file a private complaint but it is better to first file through police and then go if police fails as magistrate can ask if there is cognizable offence why did not you inform police which can give a wrong impression also as in law prescribesunder crpc 154 that on occurrence of cognizable offence it should be first reported to police officer in area, and police shall take steps to arrest and investigate when police fails the you can go to magistrate. See ultimately magistrate also order police to investigate so let police investigate case with help of police you can get them arrested and can make out better case.
Dear Sir,
My answers are as follows:
Can we file an FIR against my cousin brother and his wife directly or do we need to submit a simple complain to our local police station?
Ans: yes you can lodge complaint before police and take copy of FIR (First Inforamtion Report)> If they reject to issue FIR then you can lodge complaint under section 200 of CrPC directly before the Magistrate it is call private complaint case.
How a complaint is differs from an FIR?
Ans; If your complaint is received and acceted by the police and acted upon it then only police issue FIR. Thus both are different. Without registration of complaint there cannot be FIR.
Will the police register our FIR/complain? As we don’t have any evidence.
Ans: If the complaint discloses offenses then they have to receive, register and enquire and collect evidence, it is their duty.
We don’t have any CCTV footage or something like that to prove their (my cousin and his wife) atrocities.
Ans: Be informed that not every murder and rape never committed under CCTV. Police will investigate and bring evidence.
If the police don’t entertain us, what will be our further action?
Ans: The procedure is given below.
How and where to file a private complaint before the Magistrate court?
Ans: Through an advocate you have to file before the Magisntrate.
Can we file a case directly to the designated court without intervening the local police as the police personnel may not listen us?
Ans: yes, you can but then Magistrate refer your compliant for investigation under section 156(3) of CrPC
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154 (3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who,
156(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.
Section 154 in The Code Of Criminal Procedure, 1973
154. Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
(2) A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
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156. Police officer' s power to investigate cognizable case.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.
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Section 200 in The Code Of Criminal Procedure, 1973
200. Examination of complainant. A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) if a public servant acting or- purporting to act in the discharge of his official duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192: Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re- examine them.
1) You can directly file FIR against them and check for atrocities act for it and be care full about it.
2) Complaint is just normal warning given by the police and the accused are leaved by telling few warnings to them and FIR is first Investigation Report and that report hasbto properly invetigated by police and present on front of magistrate for further justice of the complaintant.
Now the question arises is – Can’t my grandfather sale the property lying in his name to anyone? (as he has sold the property and the property is now in my mother’s name.)
He can very well sell his own property to anyone of his choice, his authority in this regard cannot be questioned by anyone.
As the property has been transferred in my Mother’s name (Title deed has also been obtained), do my cousin brother or my uncle has any legal right over the property?\
No, they dont have any rights. Your mother is the absolute owner of the property.
Can’t we file a case against my cousin brother for the domestic violence being caused by him on a regular basis?
Domestic violence may not be maintainable, but you can lodge a criminal complaint against them in the concerned police station.
Can’t we file a case of defamation against my cousin brother and his wife as they are deteriorating our image in the society?
If there are materials for filing the defamation case, you may go ahead.
You can lodge a complaint with the local pol;ice station, it is for them to register the FIR and not you.
Complaint means the one what you give, but the FIR is registered by the police on the basis of your complaint.
You may have to create some evidence before lodging the complaint.
If the police is not entertaining then you may approach the higher police officer with a similar complaint seeking its intervention and necessary directions to the local police for further legal action on the complaint.
Or you can approach the judicial magistrate court with a petition under section 156(3) cr.p.c. seeking its direction to the concerned police for initiating necessary legal action on the basis of the complaint pending before them.
You can also file a private complaint but you should have exhausted the remedy available with the police on this criminal activity by them against you.