If you are stuck in such a situation, here is what to do.
Mr. Sameer found himself in a distressing situation following his father’s demise. His mother and other relatives, using emotional pressure and threats, coerced him into signing a No Objection Certificate (NOC). This allowed his younger brother, Mr. Varun, to secure their father’s job at a public sector company, ‘Navratna Industries’, on compassionate grounds. The family justified this by stating that Sameer was married and supposedly settled, while also targeting his wife to exert more pressure.
The family owns several properties, but Varun, who rarely attends his new job due to some internal arrangement, refuses to partition the assets. He insists on a collective partition that he continuously postpones, effectively denying Sameer his rightful share. Furthermore, Sameer was forced to sign a “family agreement” on plain paper, which was not legally registered, granting his mother and Varun shares in his personal business. He was threatened with severe “consequences” if he refused and managed to take a picture of this document.
The harassment escalated when Sameer’s family created a public disturbance at his in-laws’ residence, shouting and making false accusations against his wife. Sameer has a video recording of this entire incident. He now seeks to understand his legal options to reclaim his rights, force the partition, and hold his brother accountable for his actions, including questioning the legitimacy of the job obtained through coercion.
Advice in such cases
Secure Your Evidence: Immediately safeguard all evidence you have. This includes the photograph of the forced agreement, the video of the public harassment, and any other messages, emails, or documents related to the threats and coercion.
Document Everything: Maintain a detailed written record of all incidents, including dates, times, what was said, and who was present. This log will be invaluable in legal proceedings.
Cease Harmful Communication: Avoid getting into arguments or discussions with the opposing family members, as anything you say could be twisted and used against you. Communicate only through your lawyer.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Applicable Sections of Law
Suit for Partition: As a co-owner of the ancestral properties, you have an inherent right to demand your share. You can file a suit for partition under the Partition Act, 1893, in the competent civil court. The court can order the division of the properties by metes and bounds or, if that’s not feasible, order their sale and distribute the proceeds.
Cancellation of Documents Signed Under Duress: The NOC and the “family agreement” signed under coercion, threats (duress), and undue influence are not legally valid. Under Sections 15 and 16 of the Indian Contract Act, 1872, consent obtained through these means is not free consent, making the contract voidable at the option of the person whose consent was so caused. You can file a suit for declaration and cancellation of these documents.
Criminal Intimidation and Harassment: The threats of “consequences” and the public harassment constitute criminal offenses. You can file a police complaint under relevant sections of the Bharatiya Nyaya Sanhita, 2023 (BNS), such as Section 351 for criminal intimidation.
Compassionate Appointment Rules: Appointments on compassionate grounds are governed by the specific service rules of the employer (Navratna Industries). Obtaining such an appointment through fraud, misrepresentation, or coercion is illegal and can be grounds for termination of employment.
If you are the complainant
File a Partition Suit: Your first step for the property issue is to file a civil suit for the partition of all ancestral properties.
Challenge the Coerced Documents: Along with the partition suit, or separately, file a suit to declare the NOC and the family agreement null and void on the grounds of coercion and undue influence.
Lodge an FIR: Approach the police with your evidence (video, photo, etc.) and file an FIR against your brother and other family members for criminal intimidation, harassment, and any other applicable offenses.
Inform the Employer: Write a formal, registered letter to the HR/Vigilance department of Navratna Industries. Detail how the NOC was obtained under duress and provide evidence. State that the appointment was secured fraudulently. This will likely trigger an internal investigation against your brother, which could lead to his dismissal.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
If you are the victim
Preserve Evidence: Your primary responsibility is to protect the evidence. Make multiple digital and physical copies of the video, photograph, and any other relevant material. Store them in safe, separate locations.
Stay Safe: If you feel the threats are escalating, do not hesitate to seek protection. A lawyer can help you file for a restraining order from the court to prevent the aggressors from contacting or approaching you and your family.
Do Not Engage: Avoid any direct confrontation. Let your legal counsel handle all communications. This prevents further harassment and protects you from saying something that could be used against you.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
How the police behave in such cases
Often, the police may initially view such matters as “family disputes” and be reluctant to register an FIR, suggesting that the parties resolve it civilly. However, you must insist that criminal offenses like intimidation and harassment have been committed. Present your evidence clearly. If the local police station refuses to register the FIR as per Section 154 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), you have the right to send a written complaint to the Superintendent of Police (SP). If that also fails, you can file a private complaint directly with the jurisdictional Magistrate under Section 200 of the BNSS, who can then order the police to investigate.
FAQs people normally have
What evidence is required?
Documentary Evidence: The photo of the forced agreement, a copy of the NOC you signed, and all property-related documents (title deeds, tax receipts) that establish your co-ownership.
Digital Evidence: The video recording of the public harassment and any call recordings, text messages, or emails containing threats.
Witnesses: Testimony from any neutral party who witnessed the coercion or the public harassment can be very powerful.
Complaint to Employer: A copy of the formal complaint sent to your brother’s employer will also serve as crucial evidence of the steps you have taken.
How long will the investigation take?
The timeline can vary significantly. A civil suit for partition is a lengthy process and can take several years to reach a final decision, depending on the court’s workload and the complexity of the case. The criminal investigation by the police following an FIR should be completed in a timely manner as per the BNSS, but practical delays are common. The internal departmental inquiry by the employer against your brother will follow its own procedures and timeline, but a complaint with strong evidence often prompts swift action.
Advocate Sudhir Rao, Supreme Court of India