• Someone is trying to snatch our rights to sell our 90 year old property in Uttar Pradesh

Hello Sir, We are having a property in Hapur, Uttar Pradesh and its original owner was our great grandfather. He purchased this property on Patta in 1930's and built a Kothi in 850 sq yards area. He passed away in 1968, but before that, he executed his will in the favour of his daughter, and through this will we have been inheriting it through generation. We sold some part of it through the years, and it was done properly through the registry office. Then in 2015 we sold a flat to one of our neighbour, which is built on first floor of its back portion. Everything went well, until we tried to sell the rest of the portion. he was with an intent to grab the ground land which was right under his flat. Now he has defamed this land so much through his sources that we are not in a position to sell it. Further, with the help of his neighbour, who runs a digital news paper, he is printing baseless news about our property and trying to prove that we are not the owners of this land at all. We do possess the original registered will of the land, but due to termite attack, we lost the Patta papers. So what we must do to negate the effect of this mal publicity? Though we have registered Civil and Criminal Cases in a district court against both these parties. Suit is on. Kindly help.
Asked 3 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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7 Answers

You must file case of criminal defamation against the owner of digital newspaper under section 500 of IPac for maligning your reputation 

 

2) also file civil suit for damages 

 

3) seek injunction restraining neighbour and owner of newspaper from making defamatory statements  regarding ownership of land 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

File complaint against neighbor and owner of digital newspaper with magistrate court under section 500 of IPC for criminal defamation 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

Since you have already given complaint to police and also have filed a civil suit in this regard, what is the opinion or clarification that you require now.

You have already sold some portions of property onq the basis of title acquired through Will and Patta and there are relevant entries reflected in the subsequent sale deeds, this establishes your title to the property hence you have nothing more to do anything on this other than wait for the results of the existing cases and decide further course after that.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

This is a cyber crime besides offence relating to defamation.

You can issue a legal notice to the concerned newspaper first and demand to withdraw the false and fake news or else to face defamation case and pay heavy penalty if not apologized.


This is a cyber crime besides offence relating to defamation.

You can issue a legal notice to the concerned newspaper first and demand to withdraw the false and fake news or else to face defamation case and pay heavy penalty if not apologized.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

- Since, you have already filed civil and criminal cases against him , then you can get the order for restraining him from interfere him in your property , and in criminal cases an FIR can be lodged against him for the offence of trespassing and breach of trust. 

- Further, as Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,

- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.

- You have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.

- Your mentioned details are amounts to Defamation, and a criminal case can be filed. 

- You can also file a civil defamation case against that digital media owner for claiming compensation, after paying court fees. 

- You can also file a criminal defamation case against the owner on the ground of compliant already given by you before the police. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear client I am sorry to hear that but in this case you can obviously go ahead and file case against them.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

Yes file a written complaint and file civil suit for rights in your property 

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

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