False registeration of 498a
Querist :
Anonymous
(Querist) 18 September 2010
This query is : Resolved
after 15 yrs of marriage my brothers wife has registerd an FIR in 498a against all in our family at Tamil nadu, when actually we are residing at Mumbai. She along with her husband are running the main family business in Mumbai but to harass us she had made a false FIR.When I & my sister had gone to native for some function we were arrested & put in jail for 1 week by not granting bail along with our small childrens, now we are out in bail, but she is threatening that all the property should be given to her or she will lodge a domestic violence case. We all live in Mumbai how can we go to native for every hearing, secondly we are married & my inlaws are very dejected due to this,My father in his 80's is the owner of all the property which was earned by himself, but due to harrasment by my brother & her wife he has no mood to give the entire property to him, morever my brother is a drunkard & my father fears he may sell all the property, we are very much in tension, how to come out of this case .....
Anita
virender
(Expert) 18 September 2010
u can file a transfer app in hon'ble supreme court but it has limited chance u can also file app 4 permanent exemption in court which can be allowed if entire property belongs to ur father than it is his choice to give it to any of his child
Raj Kumar Makkad
(Expert) 18 September 2010
You should appear before the higher officers of police and should apprise them the fact that you have nothing to do with your brother of his wife and their mutual disputes and further that you all reside far away from the residence of your brother so your names should be deleted from the list of accused persons during the trial of the case and no charge-sheet be put against you and if police is not satisfied then it is better to file a petition before High Court to quash FIR against you.
So far as matter of proeprty is concerned, as the same has been earned by your father so he is legally free to dispose off his property during his life time but if he do not make any provision during his life time then on his demise, your brother shall definitely become his legal heir to inherit his properties. So keeping in view this vital fact, your father may do whatever he likes.
Ajay Bansal
(Expert) 21 September 2010
YOU CAN FILE QUASHING OF F.I.R. IN THE MADRAS HIGH COURT.I THINK IF YOU ARE CORRECT HERE THEN SOME MAJOR RELEIF WILL BE GRANTED TO YOU.
