How to deal with a beneficary of a will who defames the executor

Querist : Anonymous (Querist) 12 October 2011 This query is : Resolved
dear sir,

i am the beneficiary and executor of the will of my mother , which has been probated by the delhi high court.

my younger brother who is a beneficiary of the first floor of a house at delhi has encroached on the unconstructed second floor willed to me and has constructed rooms and running an illegal guest house.

i have filed a suit for possession with delhi high court. the delhi high court has decreed in aug 2011 that the defendant, younger brother shall pay me market rent for use of second floor if the suit is decreed in my favour.

HOWEVER WHILE GETTING ALL ADVANTAGES UNDER THE WILL THE DEFENDANT HAS BEEN WRITING OBNOXIOUS LETTERS AGAINST ME FULL OF LIES TO ALL RELATIVE STATING THAT I HAVE STOLEN ORNAMENTS, THAT I AM LOSING THE CASE AND WRITING TO SISTERS THAT THEY SHOULD ASK FOR ACS FROM ME ETC AND MORE SUCH LETTERS IN POOREST TASTE.

I HAVE FILED TEN SUCH LETTERS IN HIS OWN HANDWRITING WITH THE COURT.

WHAT IS THE ATTUTIDE OF THE COURT TOWARDS SUCH ACTIONS SINCE I HAVE INFORMED THE COURT THAT DEF HAS MADE ALL ATTEMPTS TO MALIGN ME.

MY QUERIES.

1. CAN COURT IMPOSE PENALTY ON DEF FOR HIS ACTIONS.

2. THE WILL EMPOWERS ME TO TAKE ANY DECISION IN REGARD TO THE HOUSE. I NOW LEARN THAT UNDER NEW LAWS THE FOURTH FLOOR IS ALSO ALLOWED BY MCD.

3. IF THE COURT ALLOWS ME TO TAKE A DECUSION ON THE FOURTH FLOOR SINCE THE WILL SAYS THAT ALL ACTIONS SHALL BE FINAL BY THE EXECUTOR ON AC OF THE HOUSE, CAN I NOT GIVE HIM THE SHARE OF THE FOURTH FLOOR AND GIVE IT TO ENDER BROTHER WITHOUT TAKING ANY SHARE MYSELF?

REGARS

VINAY KALA OCT 12

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ajay sethi (Expert) 12 October 2011
no court wont impse penalty . if you are aggrieved by your younger brother actions file criminal complaint against him for defamation under section 499 of IPC

in alternative you can file suit for damages .

since your suit is pending in delhi court regarding encroachments made by your younger brother dont take any hasty decision regarding construction of 4th floor .

let suit be decred in your favour then proceed