• My drunken Uncle - Abuse my Parents daily at Home and give life threat

We are a combined family. My uncle who is jobless, live drunk 24*7. Abuse my parents Day and Nights. He also comes on street and shout and go to neighborhood and pass derogatory comments on our family. His own wife with his two children lives in another city but because he is her husband so emotionally she defends him. My parents are very much tensed, Legally He is having equal rights in our property so We can't throw him out of house but He is ruining our reputation, peace and our life. My parents are very much disturbed.  Please suggest the legal way to settle this issue. 
Asked 4 years ago in Criminal Law
Religion: Hindu

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17 Answers

File police complaint, police will keep him in jail full night at police station. Himself will understand.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

See if he abuses intimidate your mother and father can file a police complaint against the uncle and can seek protection also uncle can be prosecuted for his abuse and intimidation.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Get partition of the property. Make separate entries for each portion. This would give peaceful living for both.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Next time he create seen in drunk, call on 100. Police will have to act on occurrence of incident

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You can not do this unless other party agrees for this.

What you can do within your right is to get the property partitioned with seperate entry.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

You can file partition suit of the said property and can do legal partition. You can file police complaint for threats

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear Sir,

It is better to give complaint against him for threatening your parents with your local police station u/s 506 of IPC

Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may ...

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

- Lodge a complaint to the local police and If you get no response , you should lodge same complaint to the higher official .

-  If, he is creating  such scene due to property distribution , then better to settle this permanently.

- Further, if you are not getting any legal action from higer official as well, then you should file a complaint before the court for lodging FIR against him.

- It is not necessary that your relation would be strained , but the matter of dispute will be settled for ever.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

File police complaint against uncle for criminal intimidation under section 504, 506 of IPC 

 

2)you can in alternative enter into deed of family settlement for division of property by metes and bounds 

 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Install CCTV cameras in your house 

 

2) record his abuses 

 

3) it would help you in making out a case against st uncle 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You’ve no other choice but to report him to the Police.

If the police isn’t nabbing him after lodging a FIR against him, you can approach the Magistrate directly in a private complaint.

You can’t force accept him the monetary compensation in lieu of his share in this property unless he is ready for this.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

See if fails or refuses to take action you can file a complaint before the magistrate directly and further you can partition the join property through court and can take injunction against him on entering your share of property.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

There are two ways to file a complaint against your uncle. 

1. Register a FIR in the concerned police station.

2. File a private complaint against your uncle in competent court of law under section 156(1) CrPC.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Better you can speak with him straight forward in the morning when he is not drunk. And pass property papers on your name by way of sale deed. No not to use abusing language in future against your parents.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

You parents should lodge FIR against him for criminal intimidation and harassment and if possible they should also complaint of physical assault by him. 

Other is go for partition with him erect a wall between the house give him the share he entitled for.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If his tortures and nuisances are beyond tolerance, then your father may take steps to bring him under control or to lodge a criminal complaint agaisnt him for his unruly and derogatory attitude and behavior.

In fact your father may try to partition the property amicably which may satisfy him and he may not trouble you people after that.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The police will not be interested in interfering with the family's domestic quarrels.

However you may follow it up especially when your uncle indulges in such activities in future.

In the meantime you can settle the partition issue by drawing a partition deed in which you can mention the amount you my give as compensation towards his share in the property and also get the deed registered.

You may consult a local advocate and get the draft prepared after taking consent of your uncle for this.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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