File a police complaint about forcibly locking the door.
File civil suit seeking injunction to restrain the other party from carrying out any activity in your portion of the property and claim compensation for damages if any.
How can I protect myself against false cases I apprehend from my uncle and further how to proceed
Sir, My father's family partition with my uncle(I've only one uncle)happened 12 years ago through mutual agreement of both parties, after which my uncle has also sold several of his properties, and my father wants to accord with the partition document. But my uncle and his only son,(whom I want to accuse) comes up with new demands every other day, and have been constantly harassing us with false cases/false legal complaints to achieve those demands, some of which like exchange of land, has been acceded to, by my father. They have been constantly harassing us and blackmailing us with the false and very weak 12 year old dowry case of my cousin's (the uncle's only son) wife in which they have falsely accused my father. we have even recorded a video of them signalling acceptance that the cases are false. My uncle had also filed frivolous complaints accusing me of threatening him of murder if he doesn't write his property on my name. Before partition our house was a joint house which had only one main door, with a passage through middle of the house and rooms alongside the passage (both sides), and in partition we were allocated the house which included the main door. According to the partition document they were supposed to have a door on public gully/road side of their house(a gully adjoining his house). But because they are physically powerful and my father is truth speaking, law abiding, physically weak(69 years old retired Indian army veteran) alone at house, and I'm a government servant living away from home, now they say they wont open their door on that side and they will pass through middle of our house and want a large section of my house demolished and eventually encroach the land. Today they have put their lock in doors of few rooms allocated to us and tried to fell a wall wilfully, of our house using agricultural equipments, even though at the time of the incident itself, my father was constantly reminding them that it was ours (my father's) wall as per the partition document. We have recorded the event in mobile recordings. My uncle also intimidates us that he will commit suicide someday and will accuse us of killing him, and intends to do the same. I live away from my home in kolkata serving under government of India job and my father(Ex Indian army veteran) is alone at home. Kindly suggest me way to protect ourselves against their future false cases(as my uncle intimidates) and also the action that we should take now.
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
File police complaint against uncle for criminal trespass and criminal intimidation
2) seek an injunction restraining uncle from disturbing your possession of house as per deed of family partition
3) also orders to vacate portion of your house under his possession
Kindly lodge a complaints against them for attempt to suicide and harassing your family for all false demands and forcing to believe or behave like them all words and acts as per their wish. Which totally against you and your family as per law.
Your father can file a partition suit seeking proper partition of the property left behind by his parents and for separate possession of his legitimate share in the property.
He can file an application for appointing a commissioner to inspect the proeprty and to divide the property into two parts and to allot one such part to him duly partitioned with metes and bounds and good and bad soil.
Any other solution will not be feasible in the prevailing circumstances.
In case of civil cases you can only file caveat in civil court to seek protection from any ad interim reliefs. In case of criminal cases you can seek anticipatory bail only.
Let him commit suicide, good for you, let him hie (गीदड़-भभकी) and no criminal offense on father. File FIR against them for encroachment and trespass, criminal intimidation.
Install CCTV cameras in police protection.
You can file complaint against your uncle U/S 441, 503 of ipc.
You can file a petition before court and seek permanent injunction directing him to vacate the residential premises immediately.
1. Hope you have the partition deed registered demarcating the properties of your faher and Uncle.
2. If not then you have some partition document based on which your father should file a partition suit to clearly demarcate the individual area.
3. Meantime, lodge a police complaint alleging that your Uncle is trying to grab your father's share of the property by trespassing in to your area.
See your father should immediately register a police complaint against uncle and should meet SDM and district collector seeking there help. A written complaint can be filed before the magistrate court if police is not helping.
Your father should become bold and lodge FIR against your uncle and his son for damaging property and give threats to kill him and you.
You both should send a letter to SP regarding all the incidents on which your uncle is threatening you of false cases and demolision of house etc and ask for taking action against them.
