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Kumar Nair (Engineer)     09 February 2011

False Claims In Lawyer Notice

  • My wife was promised a land 3 yrs back .After regular follow up we failed to get the land.
  • In November 2010 she was handed over a cheque for the amount
  • The Cheque bounced on Dec 31st and a lawyer notice was sent to drawer saying cheque has bounced
  • In reply to the notice , a lawyer notice was sent to us saying me and my family is threatening them and a police case has been filed against my father.My father-in-law has not been summoned by police as on the date the notice was sent
  • They also claim the cheque was stolen by my father-in-law
  • They also claim my wife does not have capacity to earn so much,whereas she is a regular income tax payer.
  • Recently they had sent a rowdy to the house.

What precaution need to be taken in such cases as my wife is feeling harassed by false claims meant to threaten her.



Learning

 3 Replies

Kiran Kumar (Lawyer)     09 February 2011

well, the person may not be in a position to prove the allegations levelled against your wife, he has just taken all possible defences cpming to his mind.

 

now it is not clear from the facts whether there was some agreement to sell the land or not.

 

you may proceed under criminal as well as civil law provided you have some proper evidence in your favour, better to visit your local lawyer and act as per the evidence in your favour.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 February 2011

File criminal complaint under section 138 NI Act and take police help if some one attacks your house and file criminal case if someone has threatened you or your wife illegally.

Bhabani Prasad Pujary (Dy.Manager-Legal)     10 February 2011

For false claims and allegations you can file an FIR before police as well as contempt proceeding before court,provided you are having sufficient evidence to rebute the allegation.


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