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prashant (Beta)     29 September 2012

Urgent help required

Hi All,

Its been around 2 months, we are messed up in a situation here.

To brief, my brother filed a criminal and civil cases against me. He had a property on his name(brought by our father). As he was a minor, my dad made me sign the agreement papers on his name in 1985 (first biggest mistake!)

Then in 1992, when our father got seriously ill (detected with stage4 cancer), we had no money to do the treatments, and my brother was out of state. He informed my dad to sell this property for the treatment. I did it as it was his consent to do so (2nd BIG mistake). It was very urgent at that time, as clearly seen from the reasons stated above.(While selling, there were no photographs attached or taken. only signature, done on my brothers name was done.)

We sold it to one Mr. X, got 50000Rs, and same was informed to my brother. Now he has filed a civil and criminal cases against me and Mr. X.

This has been on since 2 months, and after all the tensions and tortures done, he now finally agreed to a settled amount for out of court settlement.

But he wants more(Almost twice) from what Mr. X has offered him.

I am not here to seek complete guidance about this, as it would consume a lot of time of you all.

Please just help me with my below queries, its a humble request.


1) Mr. X has started blackmailing us, saying If we dont reduce amount of what my brother has asked him, he would file a criminal case against me and my brother stating that it was mine and my brothers plan to dupe him, and that both are involved in a serious crime. If he seriosuly does so, does it mean, he would loose the land?

2) My brother had sent a document of 156(3) with the police. They tortured me for about 3 weeks but there has been no police action in the last 40 days. Is it possible that 156(3) has been withdrawn? As there is no police force ever since. The court registers were checked by my lawyer, there has been no cases named against me for the month of august.

3) My Brother has signed a stamp paper and gave a copy to the commissioner of police, stating that he wishes to withdraw both Civil and criminal cases at the very next date. Is this document useful to us?

 

Please help on the above 3 queries. As the query raised in point number 1 is creating a lot of tension and worry amongst us.



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 September 2012

Threatening the parties and obtain sign on the papers is against the law. It is not valid. As far as criminal  case is concerned, the concerned court only will look into the matter.Withdrawl case is best in your case.

prashant (Beta)     18 October 2012

Hi All, Mr. Rama Chary, Thank you for your valuable time and reply. I truely appreciate it. however, Now the situation has turned a bit. My brother says he has withdrawn Criminal case against me. And now says he wont negotiate. But he intends to have the plot. He does not want to withdraw the civil case, and wants to proceed. Please help me here. Need your valuable guidance. All of the expert opinions would be valued and appreciated. Do I risk Imprisonment in this case?

 

How long would the case take to conclude?

Help !


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