Complaint against false application
ad. creaminall
(Querist) 29 February 2012
This query is : Resolved
sir,
Mr. X having 3 children two sons "A" and "B" and one daughter "C". all are married and reside separately with their family. Mr. "X" is bedridden due to ill health and unable to speak or move. his son "A" and his family came to stay with him and taking care of Mr. "X". MR. "X" during his lifetime purchased a bungalow ground plus one floor in the name of his two sons, one flat in the name of his wife and three shops one is in his name and two are in the name of each son.
mr. "X" son "B" held some dispute and he has cutoff all the relation with his parents, brother and sister.at the time of dispute he illegally took the possession of the shop which was purchased in his name and went to stay on the first floor of the bungalow stating that he is having 50% share in the said bungalow.
MR. "X""s another son "A" who resided in the same bungalow, staying at the ground floor of the said bungalow. and Mr. "X" and his wife shifted in the flat which they purchased in the name of his wife.
now with intent to harass them, Mr. "X" and other family members said "B" has filed a misc. application and praying that to declare that he is entitled of 1/4 th share in the flat and two shops i.e. the shops purchased in the name of MR."X" and "A". in the said application he falsely mentioned the property of "C"(purchased by and in the name of her husband and in-laws) as the property of joint family of Mr."X" and also claimed 1/4 shares from the said property of "C". in the said application he also mentioned certain bank accounts operate by "C" prior to her marriage and continued after her marriage.he also mentioned certain fixed deposits of "C" which is already en-cashed on its maturity dates.
my query is that if "C" wants to sue him ("B") for his illegal and harasser act, what steps can she take? can she file any criminal complaint /civil case against "B"? where? under which section?
Raj Kumar Makkad
(Expert) 01 March 2012
Fist of all of your family members should become party in the suit filed by your brother and should strongly resist it and should say that the properties are self acquired of all persons in whose names those are standing thus B has no more share than indicated in the respective sell-deeds and further you all should file a counter claim in the same suit and should claim partition with possession and interim injunction against him. There is no ground for initiating the criminal case.
ad. creaminall
(Querist) 01 March 2012
Sir
Thanks for reply. but Mr. "X", "A" & "B" are residing at Delhi and "C" residing at Poona. and "C" wants to take actions against "B" as he falsely joined "C" as a party (with intent to harass her)and also falsely mentioned her husband and in-law's self earned property as the property of the family of Mr "X".
