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False case filed for attachment
08-Jun-2025 (In Family Law)
Hello sir
One of my relative has filed wrong case saying he did transfer money using phonepay. In fact, I have extra money. His intention is to file attachment on one of my property. He is making us file caviet every 90 days.
I cannot keep filing cabinet every 90 days as that costs too. If he files case, that is going to be false and we will win. Whether he makes us file caviet or files case ,what should I do. Please suggest. He is targeting my aged parents due to jealousy. He was once relative
You need professional legal intervention to stop your relative harassment. Protect your property and defend against this false case. Immediately Consult a lawyer and explain the full history. Immediately stop filing caveats. Instead of the caveat the lawyer will suggest to file a strong counter application before the court. It will help you to ask attachment without strong prima facie evidence in the court. Collect all the proof along with message evidence and money transactions. Take a immediate criminal action for harassment . file a FIR for criminal intimidation under section 503 of IPC, extortion under section 383 of IPC and cheating under the section 415 of IPC. Do not ignore the problem easily. Immediately take action under the lawyer's advice.
Helpful?
Adv. Pavani Kumari
Guntur | 400+ Answers
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If your relative is falsely claiming that he transferred money via PhonePe and is threatening legal action or attachment of your property, there are several legal steps you can take:
1. Stop Repeated Cavet Filing: If no case has been filed yet, there's no need to keep filing caveats every 90 days. A caveat is only required when you anticipate a specific proceeding (like interim orders without hearing you). Instead of repeating this, wait until he files a real case.
2. Preserve All Financial Records: Keep all records of your bank statements, PhonePe transactions, and any evidence that shows you did not receive the alleged amount or that you had extra funds independently. This will help in defense if any civil or criminal case is filed.
3. Preventive Legal Action: If your relative is threatening or harassing, you can:
File a complaint under Section 503 IPC (Criminal intimidation) or Section 211 IPC (false charge with intent to injure).
Approach the court for an injunction restraining him from interfering with your peaceful possession of the property.
4. Against Property Attachment: Unless a decree is passed by the court and execution is filed, no property can be attached directly. You can challenge any such attempt as premature or illegal.
5. Elder Protection: If he is harassing your aged parents, you may approach the Maintenance and Welfare of Parents and Senior Citizens Tribunal under the respective State Rules.
6. Legal Strategy: Since you believe the case is false and you will win, wait for the actual suit to be filed. Once it is, you can contest it and even seek compensation under Section 250 CrPC or costs under CPC for a false and frivolous suit.
Helpful?
Adv. Mrudhula Jahnavi
Serilingampally | 200+ 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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