Defamation
Harsh
(Querist) 17 August 2011
This query is : Resolved
Ms. A is the owner of the property which she has received from Mr. B (Brother of Ms. A) through a will. Ms. A received the custody of the children (Two daughters) of Mr. B from himself only when his wife left him after a few years of the marriage. Now, Mr. B, died in 2007. Ms. A successfully arranges the marriage of elder daughter of late Mr. B from her own expense. Now, Ms. A wanted to arrange the marriage of last daughter by selling the said property. But the wife of late Mr. B placing fake cases in civil court against Ms. A and interrupt Ms. A for performing sale of the said property but fails in there malafide motive. Now, the family members of Ms. A got frustrated with these baseless cases and wanted to file a case of defamation against Mr. B’s wife. Can Ms.A file a case against the wife of late Mr. B. Also, can Ms. A urge the court to attach the property of the wife (one shop is belong to the wife which she got from Mr. B immediately after the marriage) of Mr. B as part of damages, if she denied to for paying damages for whatever reasons?
prabhakar singh
(Expert) 17 August 2011
No defamation suit can lie on facts stated by you.
Harsh
(Querist) 17 August 2011
Mr. B's wife filing a false cases and proved wrong by Ms. A. Such practice does not amount to harrasment and even Mr B wife's defaming Ms. A in front of the society, so that can not buy Ms.A's property for which Ms. A is the only owner?
prabhakar singh
(Expert) 17 August 2011
IT IS THIS MUCH THAT GIVES YOU CAUSE IF ACTION FOR A DEFAMATION" even Mr B wife's defaming Ms. A in front of the society"AND NOT FILING OF FALSE CASES.
Harsh
(Querist) 17 August 2011
Than how Ms. A will stop the Wife of Mr. B in doing such activities ? As Ms. A is unalble to sale the said property because Mr. B's wife involved in the transaction as she is staying in area of the said property and Ms. A far from the said property location and mislead the buyer that I have taken a stay in the said property or i am the onwer. The will which Ms. A is carrying an unregistered will and if she go for probate than naturally Mr. B's wife and the married daugjhter will say that our "buaji" is not the owner than the will be cancealled. But an unregistered will is legal in the indian system.Ms. A wants to stop Mr. B's wife and want to take damages for this contineous harraasment.
