• What legal action to be taken against person who lodged non cognitive false complain

My father died when I was 7 and we live in a house which has on ground floor shop opened by my father but now taken over by my father's younger brother....his son has opened yet another shop in the ground floor and is troubling us to get the property divided... Father's elder brother lives in village and had called us including my uncle(father's younger brother) to talk about property division but it did not materialize and we were still working on how to divide property.... Also my father's younger brother has made paper from court that neither he or his offspring will stake claim to the property...even then we have decided to give them share but even though my uncle is not that much willingly for property division his son is forcing and meanwhile filed complain with police station that we are harassing him to leave the house and have threatened him to life...however the fact is we did nothing and he has complaint about me my sisters,my brothers and my mother...They willingly left living in the house years ago at time of death of my father saying that the house is inauspicious and the rooms in which they lived is being used by them only for shop...they in name of helping us took over my father's shop...what action should I take against him for the sanha that he has lodged with police ...what action shall I take ....should I submit a petition in writing with police against the sanha....
Asked 4 years ago in Criminal Law
Religion: Hindu

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8 Answers

Issue legal notice to cousin to with draw false and defamatory allegations made against you and your family members

2) if he refuses file case of defamation against him unde section 500 of IPC

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hi,

You are suggested to register FIR against him and also file suit for partition of property if possible.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You also file a sanad with the local Police making counter allegations upon them . Request the Police to Lodge a FIR in the matter and punish your uncle and his son.

Write to the Higher Police officials in case your FIR is not registered.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

it would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello,

You can file a cross complaint against him.

Also, the complaint filed by him is right or wrong is a matter of investigation.

As of now go ahead and file a complaint against him.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir if the FIR is not filed then police shall first investigate the matter then lodge FIR you can make a cross FIR on him and further get your FIR quashed from the high court.

Further for the partition and possession of the property file a partition suit for the division of the property by meats and bounds.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In the police case you may give a statement that they have given false complaint only to put pressure for partition and since you are agreeing for a partition either on mutual terms or through court, the case may be dropped and the parties may be advised to look for solution before civil court for the civil remedies.

In fact you can file a parition suit seeking partition and separate possession of your father's share in the property, which will be sufficient to tackle the criminal complaint pending before police.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You should file the counter complaint against your cousins and also inform the police that this is purely a civil matter and your cousins are using unlawful tactics in order to force you to enter into the settlement which would give them the maximum share.

If Police refuses to register FIR, you can file petition to Magistrate under section 156 (3) of code of criminal procedure to order investigation and for registration of FIR.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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