Legal Question in Criminal Law in India

Gentlemen,

There is a property dispute between my mother and her brother. Our grandmother has passed away and my maternal uncle (my mothers brother) has occupied the house and there is a pending Civil case for the past 3 years in the lower court that has been prolonged by the opposite party's lawyer.

Recently, we persuaded a few elders in the family to settle the dispute via dialogue and go to his to directly talk to him.

When we went to his house, unfortunately, the arguments heated up to an extent that we had to leave.

After a month, he has registered an FIR against us with involving the local police station that we attacked him and tried to occupy the house illegally. The FIR says that he has head injuries and the neighbors are witness to the incident. The facts are,

1. There is no medical record

2. There is no incriminating material / weapon

3. There is no witness from the neighbors | BUT the police has produced 2 police personnel as witnesses

4. My mother is the co-owner of the house as per my grandmother's will

The charges are framed and the case has been going on since an year. There were 8 chances given by the court to record evidence, yet the opposite lawyer is playing delaying tactics. My mother is being threatened that if she doesn't compromise on her share, he will have me jailed and I will lose my job and the whole family would collapse.

Please advise !


Asked on 10/01/16, 2:55 pm

2 Answers from Attorneys

In this situation you need to defend your case and at the same time file the case against the person who is threatening you . This seems to be civil dispute which has been given he color of criminality .

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Answered on 10/03/16, 5:02 am
uttam agarwal

dear client...........

Do not be scared

I need details so that I can help you in regards

just contest the case in proper manner

with regards

Adv Uttam tibrewal

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Answered on 10/17/16, 7:57 am


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