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Auroni Ghosh (Faculty in Film Studies)     13 January 2012

False...498a...and torture on parents for property

 

The case is in Kolkata.

The case is of  a Hindu Bengali Family.

AG a man(Ex- railway employee now reitred) now 70 years of age(at present). He got married for the first time with GG in 1965. Got a divorce with her filed in 1979(but continued to live together as a couple, for their child's benefit).They had a son RG(aged 40 at present). AG got married for the second time in 1989 with MG and had a son in 1991 NG.

 

Residences A was owned by MG and B is till date owned by and registered by the name of AG.

 

In 1999 RG got married with SG residing at B.

 

The dwelling place for MG was A and GG was B. while AG lived with GG at B.

 

In 2009 GG died due to sudden disastrous medical conditions. From then onwards the dwelling place of MG and NG shifted to B to live with AG along with RG and his family.

She (MG) cleared tons of debts upon AG. Evidences clearly show that money was being fed to RG and His family till date. RG took a loan from MG of Rs 86000 and provided written document. Till date RG and his family does not provide any electricity bill or maintainence of B. while he has a reputed business.

 

Later in 2010 it was discovered that a loan was taken by mortgaging B and fell under SARFAESI ACT 2002. In order to save the house(B) MG sold her residence A and gave the amount to the respective bank.

 

From this date onwards RG and SG(w/o RG)started beating and torturing AG and his family MG and NG for transfer of prperty to his name.

 

when refused and asked to pay maintainence of the property and their own electricity bill as AG's monthly income is solely dependant on his pension i.e. (9000/month) and NG is a student thus unable to help his father with the earning for the family. RG and SG started filing false cases and even trying to set AG on fire by putting kerosene on him, their desperate tries to take over the property increased further and then filed 498a, 144/1/2Cr.P.C., 323, 324, 354, 344, 154, and sevral other false cases. Due to these false cases AG and his family harrased till the brink of death. Due unstable financial conditions these three persons are unable to defend themselves(their full family income being less than 10000 /month). MG is at present suffering from severe health conditions such as diabeteic ulcer, spondilytis, spondilosis, synus, thyroid, eye problems and many more. and AG is suffering from severe sight problems. now the future of NG is threatened due to these circumstances. 

 

RG and SG are threatening to kill the whole family of AG.



Learning

 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 January 2012

When did GG died?

 

Was 498-a filed after that?

 

Then the same can be quashed.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Auroni Ghosh (Faculty in Film Studies)     18 January 2012

GG i.e. Mrs. Gita Ghosh died in 2009 and 498a was filed in late 2011

Auroni Ghosh (Faculty in Film Studies)     18 January 2012

Thank you very much Mr. Kapoor

i studied a similar case in kolkata in 2004, where hc kolkata, ordered eviction to son ...is it possible in our case?

if yes how?

 

and how much can it cost us to quash all the alleged sections together in hc...as SG and RG i.e. Sharmishtha Ghosh and her Husband Aurindam Ghosh...filed atleast eight to nine cases against us...all of them FLASE and based on no substantial evidences...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

Cost can be decided by lawyer.

 

It is very much possible.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Auroni Ghosh (Faculty in Film Studies)     19 January 2012

Thanks again sir.

our lawyer is asking for about 24000 per section is it that high?...because we are not that capable of affording such hindrance...

please help

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

i.e around Rs,. 50K for the case.

 

I think for HC it can be around that but you can negotiate till 30K as well.

 

However effective lawyer, even if costs a lil more would be better than the option of loosing the case and spending time and money in the trial courts.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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