• Jethani threatening us

My Co-sister is sending message on WhatsApp ( in some legal language) to us and accusing us for harassing her and her kids, which we never did. My BIL passed away due to covid, we handed all his belongings to her next day( his property is hers as well, we never had any interest in it) but when on death bed my BIL shared many secrets with my husband (we took care of him during his hospitalization) about their broken marriage and the betrayal and lies by his wife and kids. Which was shocking for us. We confronted mildly to kids and they blocked us on WhatsApp. It’s been weeks since we have any contacts after it but now this message of hers is scaring us, we are very simple people, we are broken with our losses (5 deaths in 2 weeks). Please suggest our rights.
Asked 4 years ago in Constitutional Law

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20 Answers

Deny the allegations made by sister in law 

 

 

Request her not to contact you in future if she feels aggrieved 

 

in event any false case is filed by her contest the case 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

-     They blocked and it should be done now. 

 

-     There is no case for Harassment until their legal rights are violated. 

 

-     So it depends on what all things you said and in which words. 

After knowing complete details then only something can be properly confirmed. 

 

Ankur Goel
Advocate, Bangalore
454 Answers

Don't worry.  Since you have done nothing you have nothing to get scared of.

If the threats continues then lodge complaint with police. 

It's better if you get written acknowledgement of return of her share in the property of her husband. 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

1. Hope there's record of your brother-in-law's sharing of secrets with your husband while he was in death bed.

2.  Record all the conversations originating from your co-sister, which will rescue you in case of false Police complaint against all of you.

3.  Send a legal notice to your co-sister if the situation demands.

4.  File a Police complaint if false allegations are made against anyone of you. Also you can file defamation case against your co-sister.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
338 Consultations

If she and her children are threatening to you both kindly give online police NC of them for threatening and mental harassments. If tomorrow any goes wrong at least you both will be at safer side.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- If you are living separately from her , then she cannot take any legal action against you for the offence of harassing etc. 

- However, if she continues to threaten , then you can file a compliant as information to your safety to the police after narrating the facts and thereby mention that she is threatening for implicating in false cases .

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

The best thing what you have to do is to just secure that message and remain silent without responding to it in any manner  or even do not show any signs of being provoked.

In case of any legal issue that may develop in future, you may challenge them as and  when the situation arise.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

She cannot do anything as far as property rights are concerned. She doesn't have any share in your property.

She may lodge a complaint ot harassment/domestic violence if she was living with you or has lived in the past. She may also lodge an FIR if things escalate between you but so can you.

You can also do those things which she intends to do.

Moreover it is her guilt which she is trying to hide by harassing you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Firstly no case would be maintainable even if she lodges a criminal complaint out of anxiety with the local police because sharing the whatsapp message within relative circle is not an offence besides you people are not in India and also you are all US citizens hence the police cannot initiate any legal action against the foreign citizens on the basis of vague complaint filed by someone with intentions malafide.

Further you have share the information communicated by your deceased brother about the cruel attitude of his wife before his death hence there is nothing wrong in sharing this information within the family circle in orde to caution your close relatives to be careful while dealing with the person in question.

In any case the police in India cannot initiate any legal case against you being a foreign citizen, they cannot even send summons to you because they have their own limitations on such issues.

Therefore you may ignore her threats and remain silent  by blocking her number and also blocking her in all social media contacts. 

 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

No that is not an offence if your brother in law shared with you.

If you are a US citizen then you cannot be deported or a false case cannot be lodged against you unless there is ample evidence.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can get it quashed in hc if the same is a false case. It's better you don't file a counter if you are in USA as it will require your presence at some stage of case in india

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

You have no legal immunity if any case is filed by sister in law 

 

don’t share video clips in your possession 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

1. File a police complaint against her and get the FIR lodged under Section 323 IPC and also under relevant provisions of IT Act.

2. You have no immunity as a US citizen under the Indian legal framework.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can call family meeting first, whoever are close relatives get this meeting fix online zoom, Microsoft etc  discuss all the truth and share all details told by deceased brother.

 

Before she could file any complaint against you and your husband, better you both give NC against them.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Maam/Sir,

1) You should deny false claims of jehthani and her kids.

2) if they continue to harass, you can file police complaint in online portal for the same.

3) If the allegations made by her to third party are defamatory in nature you have right to file case for defamation, seek damages and injunction.

4) Keep the records of information shared by BIL and threats made by Jethani to indemnify yourself.

5) You should contest any case filed against you based on misinformation of Jethani.

Thank you

.

 

Anik Miu
Advocate, Bangalore
11006 Answers
125 Consultations

-    No immunity being citizen of any XYZ. 

 

-    Her spreading false info is Defamation. 

You can file Defamation case on her. 

 

-    WhatsApp texts, Audio and Video are evidence but it depends that what it contains and what you want to do it.

Ankur Goel
Advocate, Bangalore
454 Answers

  1. It is difficult to guess her mind and legal impact of whatsapp unless contents are known.
  2. Any U.S. citizen is liable for any offence committed on Indian soil as if he is Indian citizen.
  3. There is extradition treaty between India and U.S. under which any citizen of U.S. can be brought to India by law enforcement authority or vice versa.
  4. But extradition procedure is lengthy and complicated but still it can be applied.
  5. She can file 498A, DP Cases against relatives of husband.
  6. There is no immunity for a citizen of any country against any offence committed in India. Same applies to Indian citizen aslo. 

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

- Yes, if you having proof for the information of BIL in the form of Audio , Video etc , then you can share the same to your other family members, because you are not the one who trying to defaming her but it was his husband who disclosed the truth .

- Hence, on this sharing or defaming , she cannot file a defamation suit against you 

- Further, as you are not living with her and residing abroad , then her DV cases will not also maintainable , if she files against you. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

1. Send a reply to the said message disputing and denying the charges brought against you and the accusations levelled against you informing her/them that you shall not send any reply to such false and motovated allegations in future.

 

2. Thereafter block her whatsapp no.

 

3. If you think that she is planning some legal action against you then lodge a police complaint against her  alleging that she is continuously harassing you by sending messages to you levelling false accusations.

Krishna Kishore Ganguly
Advocate, Kolkata
27690 Answers
726 Consultations

1. You can share the messages sent by your BIL, since deceased, but mention clearly therein that it is his messages and you are just sharing it to defend you from her false allegations levelled against you.

 

2. Since you are a Citizen of USA, Indian Court can not award any punishment for any offence caused by yoi in USA.

 

3. If any of your offence in India is proved and punishment is awarded on you, then you can be arrested while arriving in India based on that award of punishment.

 

4. However, it will be extremely difficult for her to prove any offence against you and you shall get ample chance to defend you before the Court. 

Krishna Kishore Ganguly
Advocate, Kolkata
27690 Answers
726 Consultations

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