Attack
SHALINI
(Querist) 24 February 2013
This query is : Resolved
dear sir,
i am shalini iam living in chennai last year 2012 one problem happend in my home regarding about property problem fight happend between my father and my grand mother my father and one elder sister there my grandfather is experied problem is we have a one vechicle my brother went to park the vechile backside of my home that for that my aunty husband said dont park here if u park againg i will demagedb the vechile he said like this my brother came and told to my father about what my aunty husband said that time ny father a got angery because this is my grandfather home my fahter and my grandmother living in this home already we have property problem in our home my aunty is taking one part of place in our home she is doing own business that problem is going now also so father got a angry and my father went that place and he asked who are this is my father home my son is going to park the vechile in my home my father asked like this suddenly my grandmother came this spot and she is talking supportly to my aunty husband and immediyatly they went to police station and gave a complaint against my father, regard my father is came to kill to my grand
mother, that time police came and they bring my father
this much happend on last year after that my self and my mother and my two siseter and brother there in my home we are talking out side of our house suddently next home person and their came and attack my backside of head and they attack my mom on chest and they attack my younger sistr they used by some woods that attacked person is my grandmother own brother and my brother gave complaint to police and polce came to the spot we go to starion at 12clock we gave a complaint after we went to govt hospital we take treat ment nex day morning family went to police station and that person family also came to police station before that night that means after 12 clock my aunty in political party she gave some money to police this matter we dont know next day morning we went to police station that police take this is petty cash 72 they said and they paid rs 1000 rs fain and they come out simply we cant able to do any thing sir because we dont have any support but they are all attack me and they are all very happy now but my self and my mother and my brother we are mentaly and physically totally upset pls help me sir i need justice i want to punish thery are all pls tell what i want to legally
thanks sir
prabhakar singh
(Expert) 24 February 2013
It appears police did not lodge the FIR and no case was made against the attackers.In such an eventuality,your side could have lodged a criminal complaint case directly or an application under s/156(3)was possible to be filed in the court forthwith,in 2012.The incidence has now gone old,and case has become even weaker due to none prosecution from your side.
As regards to HOUSE,since it belonged to your father's father and if he died without writing any will,then now his mother,widow,
and all sons and daughters are heirs with equal share.From facts stated it appears your father's mother sides your uncle and her relation with your side is not cordial and that suggest that if things develop more like it she shall give her share in the house to your uncle.Hence either maintain cordiality or ask your father to get the house partitioned either amicably or by a partition suit.
Devajyoti Barman
(Expert) 24 February 2013
You can file writ petition in the high court against police inaction.
Filing petition u/s 156(3) crpc is another option.
Contact an advocate.