Appear before DSP office
2) seek copy of complaint
3) if FIR is filed apply for and obtain bail from trial court
4) take the plea it is civil dispute
Can police inspector take action against a person who has executed an agreement
I am the third son in a family of 4 sons and mother(widow). My grandfather had purchased a no of properties out of his earnings. He had my father(only son) and two daughters. During his life time he executed a will clearly stating that all his property should go to his only son and his male heirs. after the death of my grandfather and my father my younger brother started pressurising us to sell the property one by one. When he wanted to dispose off a house in town (the rent from which was set aside for my mother maintenance) , i expressed by desire not to sell and asked others to partition the property and give my share. To avoid the expenses other legal heirs including my mother agreed to sell the property to me at market rate. Subsequently we executed a family release deed in 2010 clearly mentioning the consideration paid to each of the legal heir and registered the same. We also have a receipt on Rs.500/- non judicial stamp paper acknowledging receipt of the consideration. however out of love and well wish i signed an agreement with my mother agreeing to pay an amount of Rs. 7,50,000/- to her to meet her medical and other expenses. Also agreed to pay an amount of Rs.7000/- p.m. I was paying the monthly commited amount of Rs.7000/- and also giving her money on various dates to cater to her medical and family expenses. In 2014 we decided to partition agricultural land in our village (the last valued inheritance from our grandfather). Considering my mothers age and her condition the property was divided into 5 parts as per my grandfathers will and the fifth part entitled to my father was not immediately partitioned but kept in my mothers name for her maintenance. My younger brother forced my mother to execute settlement deeds in his favour and got the whole property transferred in his name. After which he has given a complaint in sub coilector office claiming the amount of Rs.750000/- from me under Senior Citizen Protection Act. We have given our statement with documental evidences to prove that he only has cheated my mother and grabbed her property. Also we have produced the settlement deed executed in his favour as evidence. The collector orally asked us to discuss and come for a compromise or take up the matter to court. We are yet to receive the final written order from the collector office for the above complaint. Now he has approached the DSP office and filed a petition against me demanding Rs. 750,000/- We have received a phone call stating that the call is from, DSP office and we need to appear immediately for investigation. The caller did not disclose his name or identity. No written summon received. As it is exam time we could not go in person and requested our advocate to represent us Should we appear in person. what action can the police take in this regard as the issue in purely civil and not criminal. when we receive collectors order.
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
since my younger brother is giving wrong complaint before various authorities can we take file a case against him under what section
Asked 6 years ago
The agreement between me and my mother is on Rs.20 stamp paper - not registered. I have already paid an amount of Rs.4,00,000 to my mother on various dates- date wise details available in my book of accounts.. Only 3.50 lakhs is payable. Can they (collector/DSP) order me to pay full amount of only the balance. Till the execution of settlement deed by my mother ifo of my younger brother i have paid the monthly amount of rs.7000. can they order for payment of the said amount thru their order.
Asked 6 years ago
You should contest false cases filed by your brother
no need to file any counter case
litigation is long drawn and expensive proposition
No FIR can be recorded or action taken on this agreement unless it's executed by malafide intention from Your side. No collector can't order
Nobody other than court can order you to pay.
The disputes being civil nature police can not involve into the disputes. Police can not arrest you in civil matter.
You do not need to go to police station unless caller discloses his identity. You can make a call back to DSP office to confirm the call received by you. If they confirm it then go to police with your lawyer.
File complaint to police that your brother has forcibly taken the deed signed by your mother . Here your mother can complain to police .
File suit for for declaring the settlement deed null and void on ground of consent of your mother obtained by applying force and also on the ground that consent of other coheirs of the property has not been given to the said settlement deed. The said deed is therefore not legally valid .
- As per the Suprement Court judgement , A failure to repay loan amount is not a crimninal offence , unless there is fraudlent intent.
- Further , A police officer has no power to recover loan amount , and he cannot act as a recovery agent.
- Further, as per law, DSP official will issue a notice of apperance for any enquiry/investigation , and in the event of non service/compliance of the said notice, their official will make a call.
- On the basis of said agreement on stamp paper , your mother/brother can file a suit for recovery against you.
- Yes, you can file a complaint against him ,after narrating all the facts ,for harassment and threatening for dire consequences and also for trying to implicate you in false cases.
Claim before collector under the act is not maintainable, if such assurance was given for gift deed than she would have claim not for released deed with consideration.
And settlement by mother is void. Mother had no title and mere trasfer in mother name without registered git deed, such trasfer has no value.
Non can force you to pay.
Police cannot take any action against you in this case as it is purely a civil matter between your family.
A very lengthy query .
Police cannot interfere in civil disputes.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
The police has nothing to do with the family dispute and the settlement to be made by you to your mother.
Moreover your brother cannot give any complaint even on behalf of your mother, only she can give any complaint in this regard.
Your mother also can give a complaint before the court alone on the basis of the agreement whatever you have executed but cannot claim it as a right because it is not a debt.
You can inform police that this is a civil case hence you will take care of it in civil court.
If your brother is giving false complaints in various places, you first challenge them properly instead of filing any false complaint against him.
After getting all the cases disposed you may plan about further legal action against him.
Neither the collector nor the police can interfere in this.
If at all she has any claim she may have to approach court for recovery and moreover this unregistered agreement is not enforceable in law.