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Raghav Arora   27 February 2020

Senior citizen beaten by his own son - control over property

One of my acquaintances is an 83-year-old and is under great pressure at this stage of life. Around 3 days ago he was slapped and pushed by his son after an argument that occurred between the person and his daughter-in-law. He got his thigh, elbow, and hand bruised. 

Now he asked if he should write a letter to the SDM or file an FIR or directly complaint before a judge as his son is rich and influential. 

Also, he has a property that he bought in 2002. He has 50 % in it and registered it as HUF. In the other 50 % his son, daughter and he has 17 percent. Now his son has got his signs on a fake will too forcefully. 

 

What is the best course of action he should take in this issue to get his property under his control and his son out of it and also punished for hurting his father?

 



Learning

 8 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     27 February 2020

1. He can file a Police FIR, requesting investigation and charge-sheet, for offences like Causing Hurt, Threatening,  Cheating, Intimidation, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN he can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

Shashi Dhara   27 February 2020

As he is super senior he can directly approach court and file complaint against his son for protection
1 Like

Adv Haresh Raichura (Advocate on Record)     27 February 2020

1) Give a complaint to police.
2) File a petition in High Court under Art 226 for protection against son.
1 Like

Mastan   28 February 2020

Hmm, sometimes the laws & acts are just paper tigers infront of influential rogues. Moral values are diminishing and instead of Gandhi, godseys are becoming new idols which is alarmingly dangerous. people concerned about fekus but not towards own father. May God saves that old father from his own son. 

Dr J C Vashista (Advocate)     29 February 2020

Both the options are available to the victim who is stated to be senior citizen.

Dr J C Vashista (Advocate)     29 February 2020

It is advisable to consult a local prudent lawyer with relevant documents for better appreciation of facts/ record, professional guidance and necessary proceeding.

Nirmala Mathew   29 February 2020

You can file the complaint under the Welfare of Senior Citizens Actually 2007 before the tribunal i.e District Magistrate and get the relief. The Magistrate has powers to cancel the share of property given to the son. Of course also file the criminal case as suggested in the previous responses.
1 Like

Nirmala Mathew   29 February 2020

Sorry Welfare of Senior Citizens Act 2007

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