learning_member (abc) 11 December 2013

Partition suit and threat

hello,

if the opponent in a case, who is within a family member, is giving some death threats becaues of filing a civil parition suit to get share of a ancestral property ,how to stop getting such threats..what sort of a complaint is required and do we need to mention about such threats in the civil suit..what will be consequences to them if they continue to give such threats even after the complaint.i understand there is some kind of restraining order to apply for...but what is it..and how to make it very strong.
i want to file a strong case on those guys and ensure that there are no such threats anymore and all communication needs to be happen only through court.
please advise.

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(Guest)

When you need professional advice clear and detailed information is necessary, which is lacking in your query. However, if the threats are genuine they amount to criminal intimidation under the Indian Penal Code and a complaint can be lodged in your jurisdictional police station, highlighting the facts which constitute an offence punishable under law. Further there is Civil remedy also. You can file an application under the relevant provisions of Civil Procedure code in your Partition suit seeking injunction against your opponents or you can file a separate suit for injunction against your opponents, seeking appropriate remedy.