Misusing name of high court
anish
(Querist) 28 June 2013
This query is : Resolved
Sir
Apart from his own properties, my father during his life time acquired several immovable properties in my and my mother’s name but from our own funds. My father has expired. My younger brother was vagabond so my father has not given him any of his property which he has clearly mentioned in his WILL.
Now my brother has filed a suit in high court claiming that all properties belonging to my father, myself and my mother form joint family properties of my father and he is entitled to his share as member of joint family in all properties and asked for partition decree and injunction order restraining us to deal with all properties. None of the properties are in his name. They are either in my name or in mother’s name.
A copy of suit plaint, Annexure, notice of motion etc. is sent to me as part of legal procedure. Though he has put many annexure with plaint or notice of motion they are not relevant and he has not filed any relevant supporting document which can establish his claim that any of property is joint family property.
Matter is in admission stage since 10 months and not reached board. Since we are not restrained by any court order to sale properties we negotiated with certain buyers about one property. My brother on knowing this approached prospective buyer and threatened him that since suit is filed he cannot buy this property. My brother’s lawyer also sent a notice to us and prospective buyer that to create third party right is illegal since suit is filled and thus harasses us by stalling our deal.
The matter has not reached board, there is no substance in his claim, no documentary evidence of any kind are put in suit about any of properties belonging to joint family ,there is no injunction from court. He is just doing this to blackmail us and extort money from us.
1) Is there any legal remedy for this?
2) Can we file any criminal complaint for his behavior? If so on what grounds we can make complain?
3) Is there a way out to restrain him from falsely frightening people in name of High court? When he says a suit is filed in high court naturally people will be scared. Is this not misusing name or authority of high court?
Devajyoti Barman
(Expert) 28 June 2013
1. No, you can go ahead with sale.
2.Not necessary. No offence is committed except criminal intimidation.
3. Case u/s 506 IPC lies.
anish
(Querist) 28 June 2013
Thank you sir.
I can mention this while replying to his lawyers notice?
Sudhir Kumar, Advocate
(Expert) 29 June 2013
Buyer if aware of the court case can buy this property alongwith liability of court case. Why your brother is worried? He probably does not want the property to go to a person who is more influential than him.
Matter on the board may take years and your son/grandson may sell the property.
Better meet the nearest lawyer with all papers as the matter is subjective.
Raj Kumar Makkad
(Expert) 29 June 2013
You are required to get the second opinion over your case from a local senior lawyer dealing in civil side with the entire relevant documents.
