Artificial or wrongful legal notice and implications Artificial or wrongful legal notice and implications

3 years ago

Legal Experts: I got a legal notice (cooked up) from a lawyer on behalf of his client (whom i do not know nor met him till date) stating that i have executed a Non Possessory agreement of sale 18 months back for an agriculture land (belongs to my joint family property and no legal document exist other than agriculture passbook on my name) stating that i proposed to sell and they paid an advance of 90% amount (stating that in presence of elders) that time and i was avoiding to register though his client is willing to register by paying balance 10% amount. He also states if the amount is not paid, 24% p. a. payable as interest till registration of sale deed. Now he sent this notice stating his client is ready to pay balance 10% to execute the suit otherwise he is going to file suit for a decree. Pl note that all above are incorrect and i never entered any agreement nor received any money nor went to that town to sell any property. Pl also note this is as reaction to other petition i filed as Partition suit for rightful share on our joint family ancestral properties and i assume this is revenge to create litigation through one of the defendant binami party (through above client). Please guide me what should be my response to that notice and is this valid in courts of law for such fraudulent or dummy/artificial notice without any basis or facts.

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Deny all these allegations in your reply notice, we can assist you in drafting the same. Persons making false claims can be punished under Section 209 IPC, extortion on the basis of such claims is also punishable under Section 389 IPC. Threaten them with institution of civil and criminal proceedings of they continue their bogus case. In addition, file a complaint with the police for cheating and criminal intimidation under Sections 415, 503 and 506 IPC.
If by some chance, the case ends up going to Court, you can make an application to the High Court to quash it under Section 482 CrPC. This Section gives them discretionary powers to prevent abuse of Court process.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
Respond to the notice by denying all the false allegations. Persons making false claims can be punished under Section 209 IPC. Section 389 IPC makes it an offence for someone to commit extortion after instilling fear of false cases. In addition to the above Sections, file a complaint with the police for cheating, fraud and criminal intimidation under Sections 415, 503 and 506 IPC. We can assist you with drafting the reply notice.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconProperty issues
Dear Client, Until and unless an undivided property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property, and...
question iconRenting out property
Dear Client, From the contents of the query, it appears that your mother-in-law does not possess any title or ownership of the property where she is now residing as a tenant paying the rent. So, in th...
question iconProperty acquire
Dear client, to acquire a co-owner undivided property as a third party the following are the requisites: 1. No Objection Certificate from the co-owners with respect to transfer of ownership i.e. title...
question icon1943 DOCUMENT NOT YET REGISTARTION IN MY NAME
Dear Client, When a property is left by a deceased owner without any will, all the surviving legal heirs and family members are entitled to an equal share in the said property. So, in the case of int...
question iconFamily Property
Dear Client, When a registered owner passes away leaving a property intestate, i.e, without any will, all the surviving family members and legal heirs are entitled to an equal share in the said proper...