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Respected Sir / Madam, , Me and my wife are facing these tortures everyday by one of our co owner's
12-May-2023 (In Domestic Violence Law)
Respected Sir / Madam, , Me and my wife are facing these tortures everyday by one of our co owner's family living in a undivided and old aged ancestral property in Bhawanipore, Kolkata. I am 52 and my wife is 45 now. We have no issue. My nephew and his mother abusing me regularly whenever they see us or find us passing through the common passage in front of their. My nephew is a heavy drunker. They are forcing me to make a separate staircase so that I they can maintain their privacy. We told them to appoint one valuer to do this. This property belongs to three deceased brothers and four deceased sisters. As my nephew family is very influential and have hold with the ruling party me and my wife became very much afraid to take any legal steps against them. By profession I am a AMFI certified mutual fund distributor. If any of you kind heartedly advise me I shall be greatful to you.
if you are here seeking legal advice it invariably means you are determined to take legal recourse against your nephew and his mother. I congratulate you for gathering this courage as to accept injustice to do injustice.
Now coming to your case. let us get that property partitioned among the co-sharers and that way the court will determine which area belongs to whom and which would be the common passage. this will be applicable only if the property haven't partitioned yet either legally or mutually.
also for the common passage we can obtain an order of injuction against your nephew and his mother from preventing or intimidating you from using the passage. that way I think once he is dragged before the court he might fall in place.
we might start by serving a legal notice on him.
We can also get a criminal case lodged against him and if the crime is cognisable but the police refuse to take the complaint we can get the complain lodged by other means as a lawyer.
for you to collect evidence will be very important. we have to convince the court that he is the perpetrator and we are innocent. so make sure you make audio video and human witness of his activities which are legally objectionable in respect of you and your wife.
Now coming to your case. let us get that property partitioned among the co-sharers and that way the court will determine which area belongs to whom and which would be the common passage. this will be applicable only if the property haven't partitioned yet either legally or mutually.
also for the common passage we can obtain an order of injuction against your nephew and his mother from preventing or intimidating you from using the passage. that way I think once he is dragged before the court he might fall in place.
we might start by serving a legal notice on him.
We can also get a criminal case lodged against him and if the crime is cognisable but the police refuse to take the complaint we can get the complain lodged by other means as a lawyer.
for you to collect evidence will be very important. we have to convince the court that he is the perpetrator and we are innocent. so make sure you make audio video and human witness of his activities which are legally objectionable in respect of you and your wife.
Helpful?
Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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No need to get scared of taking any legal action. I believe you should take immediate legal step against them and place the matter in Court. How much ever influential they can be but Court of law does not bow down on their pressure. Infact they will be scared to say anything to you once a case gets lodged in Court. Until and unless you act on this there will no other option apart from facing more tortures from them. Think about it and if you wish to proceed then feel free to contact.
Helpful?
Adv. Anath Bandhu Maitra
Kolkata | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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