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(Guest)

Wife claims share in my property

Wife filed divorce. Before filing divorce she sent notice to society and told them that she is only legal heir of her husband and society should not give NOC to sell this property. I bought home before marriage and I paid EMI post marriage. Since her letter has her signature too. Can I file defamation and claim crores from her and her a**hole lawyer as lawyer is the one who sent notice on his letter head. As per law she cannot claim anything. I have already gifted this property to my brother. I didn't change name in the society yet to fool her so now my brother would like to file defamation as she sends letter via speed post with her signature to society regularly. 



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 4 Replies

Reformist !!! (Other)     11 December 2013

Let her do this legal begging ......She will not get a penny from ur property......Legal beggars should be treated the way u have done it.

Laxmi Kant Joshi (Advocate )     11 December 2013

Dhanesh till date she has no right over your property ,you can exhibit these letters and notices as a cruelty upon you at the time of evidence of your divorce case .

great india (manager)     11 December 2013

Good job. Even i had gifted a flat to my mom. Greedy gang did the same and barged in tht property claiming matrimonial home. Sold off the property. Tax also saved n court accepted thats it was a pure gift given by son to mom out of love n affection..... Yippe.......

(Guest)

For an offence of defamation as defined under Section 499 IPC, three essential ingredients are required to be fulfilled:-

(i) Making or publishing any imputation concerning any person;

(ii) Such imputation must have been made by words either spoken or intended to be read or by signs or by visible representations.

(iii) The said imputation must have been made with the intention to harm or with knowledge or having reason to believe that it will harm the reputation of the person concerned.


Are these three ingredients satisfied in your case? If you are able to prove that these three ingredients are satisfied in your case, you can sue your wife on grounds for defamation. However, you should keep in mind that there exist certain exceptions to Section 499 IPC, namely good faith, public good etc.

You should consult an expert to effectively guide you with the case. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

 

–Regards

Advocate Pooja

www.lawkonect.com


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