• A known acquaintance committed a financial fraud and accused me of having an affair with his wife for personal gain

I knew a family from 2019. 
The family befriended me and treated me well from 2020-2023. 
They planned to buy a flat and requested financial help in exchange of taking care of me post-retirement. 
I believed their intentions and financed 50% of the flat cost (around 15 lakhs out of 30 lakh). 
They got possession of flat in Oct 2022. 
Post the possession, their behaviour changed. 
The husband accused me of having an affair with his wife in Oct 2023 and completely cut me off from visiting him and his family. 
Further, he has defamed by way of libel and slander quite often linking me with his wife. 
Not only did I lose money and trust, I have lost peace of mind, and I am also emotionally hurt, which has led to some extent of stress and depression. 
Please suggest what action can I take on him and his family.
Asked 2 months ago in Criminal Law
Religion: Hindu

3 answers received in 30 minutes.

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7 Answers

Dear Sir,

I understand that you have been through a very difficult and emotionally traumatic situation. Based on the details provided, it appears that there are multiple legal issues involved, and you may have grounds to take action against the family. However, before proceeding, it is crucial to gather all relevant evidence and documentation to support your claims.

Firstly, regarding the financial aspect, since you have invested a substantial amount of money (₹15 lakhs) towards the purchase of the flat, you may have a claim for the recovery of that amount. If there was a written agreement or understanding regarding the investment and the promised care in return, it would strengthen your case. In the absence of a written agreement, you may still have a claim based on the principles of equity and unjust enrichment.

Secondly, the allegations of defamation (libel and slander) made by the husband against you are serious offenses under the BNS. Defamation involves making false statements that harm the reputation of another person. If the husband has made such false statements about you having an affair with his wife, you may have grounds to file a criminal complaint for defamation under BNS.

Thirdly, the emotional distress, stress, and depression caused by the family's actions may also give rise to a claim for compensation under the law of torts. You may be able to seek damages for the mental anguish and emotional harm suffered due to their actions.

To proceed with legal action, I would recommend the following steps:

  1. Gather all relevant evidence and documentation, including any written agreements, communications (emails, text messages, etc.), and witness statements, if available.

  2. Consult with an experienced civil and criminal lawyer in your area to evaluate the strength of your case and the appropriate legal remedies available.

  3. For the recovery of the invested amount, you may file a civil suit in the appropriate court, seeking the return of the money along with interest and any other damages.

  4. For the defamation allegations, you may file a criminal complaint with the local police station, providing evidence of the false statements made by the husband.

  5. Regarding the emotional distress and mental anguish, you may include a claim for damages in the civil suit or file a separate suit for compensation under the law of torts.

It is important to note that legal proceedings can be complex and time-consuming, and the outcome will depend on the strength of the evidence and the interpretation of the law by the courts.

Regards, 

Arunkumar Khedia

Advocate Bombay Highcourt.

Arunkumar Khedia
Advocate, Mumbai
61 Answers

Issue legal notice to with draw false and defamatory allegations made against you and tender an unconditional apology 

 

2) if you have paid 15 lakhs out of 30 lakhs cost of flat file declaratory suit that you have 50 per cent share in flat 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

You can issue a legal notice demanding the repayment of the  money you have lent him on the basis of the transaction evidence and file a money recovery suit against him.

Besides, if he is defaming you in public then you can file a defamation case also against him both in criminal as well as civil laws

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

- Since, you have contributed /financed 50% of the cost of the flat , then you can claim half share in the property 

- You can send a legal notice to him , and if no positive response then file a declaration suit before the Court after submitting the proofs of fund payment to him. 

- Further , you can also send a notice for defamation as well. 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

Dear Client,

If there was a written agreement or documentation related to your financial contribution for the flat, you could file a civil suit for recovery of the amount. You can file a civil suit in a local court to recover the 15 lakhs you contributed. You can file a criminal defamation case against the husband for making false accusations linking you with his wife. In addition to criminal defamation, you can also file a civil suit for defamation seeking damages for the harm caused to your reputation and emotional distress. Consulting a lawyer will provide tailored guidance and ensure that your actions are legally sound and appropriately pursued.

Anik Miu
Advocate, Bangalore
9981 Answers
117 Consultations

For breach of promise to take care of you in your old age nothing could be done.

However if you have proof of giving money to them you can file both civil and criminal case to get back your money. 

Devajyoti Barman
Advocate, Kolkata
23151 Answers
506 Consultations

1. You can file a Recovery Suit claiming return of the Rs.15 Lakhs with interest paid  to him as loan.

 

2. He wont be able to deny having received the said amount from you which he will be liable to return.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27353 Answers
726 Consultations

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