false fir to settle scores

Guest (Querist) 02 November 2010 This query is : Resolved
we have a family dispute in division of my fathers property. the two sons dont want their father to give anything to his two daughters. so the sons have put all the property under litigation and also registered 3 firs against me and my husband who are living more than 300 kms away. the sons are influential and have all our share of money also. my question is since the matter was subjudice, they could not have registered an fir, what are we supposed to do. ?

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Devajyoti Barman (Expert) 02 November 2010
From the legal point of view the criminal cases can not disentitle you lay your claim on the property though it could be enough to terrorise you for some time.
If the cases are already filed then you hae no option but to fight those out and if those are prima facie non maintainable then you can go for quashing as well.
In any case do not waste any time to file a case for partition of your father's property if he has died intestate.

Kirti Kar Tripathi (Expert) 02 November 2010
I agree with Burman.

s.subramanian (Expert) 03 November 2010
Yes.

Guest (Querist) 03 November 2010
thanks all you experts. my father is still alive but very old and handicapped, i ,the daughter live v far away, brothers have put the entire property under litigation by disputing my grandfathers will after 49 yrs after execution and have put 3 criminal cases out of which 2 are in court and the 3rd one is under investigation, they are clearly false but they have the police on their side by orders of the cm punjab. my brothers have the cm with them. the entire thing is in a mess. they have also conducted a police raid on us.

Raj Kumar Makkad (Expert) 03 November 2010
You go to High Court directly in this matter and bring this fact to their knowledge. Punjab & High High Court knows better than your cm how to deal with such corrupt police personnel.

Guest (Expert) 09 November 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9960223100. 9271971251
e.mail.advocatesawant@yahoo.com
e.mail.nandkumarbs@sify.com

REGARDING FALSE CASES AND PROPERTY DISPUTE KINDLY NOTE THAT.
1.BE CONFIDENT AND FILE A CRIMINAL WRIT PETITION IN THE HIGH COURT FOR QUASHING THE FALSE CRIMINAL CASES AGAINST YOU.YOU WILL SUCCEED.KINDLY NOTE THAT YOU HAVE TO BE SERIOUS AND MENTION ALL FACTS IN THE SAID WP AND GET IT DRAFTED WITH THE HELP OF LEGAL EXPERT.NOTICES WILL BE ISSUED TO OTHER SIDE AND LOWER COURT MATTERS WILL BE STAYED.IT WILL GIVE YOU RELIEF FROM ATTENDING ALL CRIMINAL COURTS AND WILL SAVE YOUR MONEY AND HARASSMENT.PLEASE NOTE.
2.YOU MAY ALSO FILE A CIVIL SUIT FOR PARTITION OF THE PROPERTY AND CLAIM YOUR SHARE IN THE PROPERTY.YOU MAY MENTION ALL FACTS AND FILE THE MATTER IN CIVIL COURTS .YOU WILL SUCCEED.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP .GOOD LUCK.

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