Legal Question in Family Law in India
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In my family have three property one is agriculture land In UP (father name), second In Delhi (father name), lastly one plot in Ghaziabad UP (mother name). My family in six member one brother, four sister and mother. My father passed away in 1992 in Road Accident. So agriculture land already transfer on my brother name with one relinquishment deed in favour of his mother that my part in delhi land relinquish my favour of mother. Unfortunately my mother expired in 2009, left one WILL in favour of four sisters for Delhi land.
My brother and all family member against this WILL and challenge in delhi court with I�m never sign relinquishment deed and Fake and forge this WILL which is made my Mother and my property and WILL paper stolen in my house with other things like Money, Jwellery and others.
Court Decision : My brother file a case in court against all sister for fake, forgery and fraud. Court examine all document and other things, court dismiss my brother case after long trial. Court says all documents are original and sisters are never any fraud against Brothers.
My problem : What can I file defamation case against brother because he saying everywhere in society and court all sisters are layer, stolen my paper in my house, case file against all sister bad intention (Main Samaj main apni sister ko badnaam kar doonga).
Please advise me other legal action
Sudha Sharma
2 Answers from Attorneys
No you cannot file a defamation case against your brother with whatever you have stated in your question. To file criminal or civil defamation ,you need more material to satisfy the court . The facts mentioned are not enough to invoke Defamation.
Ms Sudha
there is no need to file the suit for defamation as your brother himself has lost his case on the ground of his documents being forged and fabricated. however, what is the status of appeal. has your brother filed an appeal against the order of dismissal. though in your situation, defamation is made out, but it is not advisable to go for it at this stage where the appeal is still pending.
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