File police complaint against uncle for acts endangering peace , criminal intimidation under section 504, 506 of IPC
2) your father can execute gift deed in your mother and your favour to avoid legal complications in future
Mental torture to my father by my uncle
Dear Sir, My father has purchase a property from my grand father and elder brother of grandfather jointly 22.08.1985 through Sale Deed. Since marriage my father staying separately with mother and started doing agriculture in this property and taking care of his family. My father having Sale Deed, Patta Pass Book, Pahani, Govt R & R for state highway etc. in his name only. My grand father and my grand mother were stating with Aunty and my grand father younger son and his wife (Wife is Railway Employee) also moved to Guntakal town after marriage. My grand father died in the year 2016. After his death my uncle started tourturing my father. 1. Consulted all family members and relatives for giving him some share and father told everyone that they know who is the real owner of the property. After talking to my father everyone kept quite. 2. Started spreading roumers in the village about the property and instigating him to do something wrong. We were simple kept quite. Villagers also scolded him. 3. He moved to the Civil Court and after two hearings. My grand Mother infomred him that I wont talk to you and you were doing wrong. Then he himself withdrawn the case. (Reason of the Case Joint family at the time of purchase and my grand father is doing agriculture activity hence he should get a share in the property) 4. Then he moved to police station, Police has enquired about the issue in revenue and village and the result was infavour of us. 5. Again he moved a application to the Chief Minister Office and enquiry was conducted by Deputy Superintendent of Police. My grand Mother accoimpained with us and explained the detailed story to the DSP. He asked him to shown any proff that he is also having a share. But he cant. DSP told sign a declaration that if he want to file a case go ahead and do it but he should not instigate or no one should fight with each other. ( Reason of the Case: My father has mislead his father and asked him register the property. The property documents were fake) 6. Again now he moved to Lok Adalat quoting some the reason that Me (Mohammd Ali) and My Father has shouted him and scolded him and threated him of life and the case is in process. Query: Recently one of our relative told, that he is doing all this to create a Mental Touture to my father. My father cant handle stress, when he is very much tensed he will faint and get a storke (Till date 2 times he got storke like this). Last time we had admitted him in Fortis Hospital Chennai. As iam working in Bank and I stay away and brother in law is also in army he also stay in border. Only Father, Mother and My sister with her kids stay in the village. He is doing all this to make father die / koma, once my father is not there no one is there to stop him in the village. I want to proceed against him through court, please suggest any idea. Though court we will go to Police and lodge complaint. His family income is his Wife Job and Son In Laws job they are helping him
Asked 4 years ago in Property Law
Religion: Muslim
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
Why don`t you file FIR against him, at least will warn him not to contact your father in any way or come to him. Still he came, police will arrest him.
And if women`s of family will complaint against him, he will go in deep trouble.
If your paternal uncle is continuously torturing your father by filing one or the other cases or quarreling with him without any reason, then your father may lodge a complaint against him with the police for creating nuisance to him due to which he is suffering from serious health issues.
If police is not entertaining any complaint then your father may file a private complaint against his brother under section 200 cr.p.c. before the judicial magistrate court and seek justice for this tortures and torments.
1. Some Relatives are really nefarious & sadist minded and do not bother about family values, which is really a stress & strain on physical level and mental level, more so on simple & helpless peoples.
2. In the circumstances, Father should just simply create a "Family Trust" of his own Children /Wife and transfer all his immovable /movable properties to the Family Trust.. This way the nefarious uncle won't get anything ever from Father's property and he would ultimately stop harassing. Further the family trust would keep the fathers family intact and income from trust would be distributed to father's family only.
3. Point no. 2, must be done, while Father is alive. This is the safest way, instead of falling into legal trouble.
4. You also have an option of filing a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, threatening, blackmail, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.
5. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.
Keep Smiling .... Hemant Agarwal
VISIT:
See in your case your father can file a complaint against him for intimidation threat , defamation and harassment directly with magistrate and can further file an suit seeking permanent injunction against uncle on entering your property.
See as far as medical condition of father is concerned you along your family have to take extra care as you cannot stop him from filing cases if they are false court may penalise him.
You can go to court against him for harassment to your father. Your father can use the status of senior citizen and then go ahead.
You can file Complaint against him U/S 504 of ipc.
if police refused to registered you can file a case in the criminal court and get the order of the Magistrate on the FIR.
Your father should lodge FIR against him for criminal intimidation and defamation and torturing him to give land to him.
You should also send him a legal notice for stopping these activities or you can take legal action against him.
Dear Sir,
Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act. You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them Few FAQ's are as follows:
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the provisions for protection of life and property of senior citizen provided in the Act?
Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.
