A gentleman, Mr. Sharma, had two sons, Alok and Vinay, and a daughter named Sunita. Mr. Sharma partitioned his ancestral agricultural land between his two sons. At the time of this family settlement, the grandparents were residing with Vinay, and consequently, he received a parcel of land that was more valuable. Sometime after the partition, Vinay sold his share of the land. He then demanded Rs. 7 Lakhs from his brother, Alok, claiming it was for expenses related to their parents’ care and insisted it be set off against a previous loan. To maintain peace, Alok’s family did not contest this and ceased interactions.

A couple of years after the grandfather’s demise, Vinay has resurfaced with new demands. He is now demanding Rs. 9 Lakhs, along with an additional Rs. 11 Lakhs as purported interest, for their grandmother’s ongoing care. He is threatening to instigate a legal claim by the grandmother on the property that is now registered in Alok’s name. Alok’s son, Rohan, is concerned about these threats and questions whether they hold any legal weight, especially since the property is duly registered in his father’s name.

Advice in such cases

When faced with threats and baseless monetary demands from a relative concerning property, it is crucial to act strategically and not out of emotion. Do not give in to pressure or illegal demands for money. The primary focus should be on securing your legal rights to the property. Immediately gather all documents related to the property, such as the partition deed, gift deed, sale deed, and the latest revenue records (mutation entries) that confirm ownership. Any threats received via text, email, or call recordings should be carefully preserved as they constitute important evidence. The most critical step is to seek professional legal counsel to understand your position and the best course of action.

Applicable Sections of Law

Such disputes involve aspects of both civil and criminal law. The legal standing of any claim depends heavily on the nature of the property and the document through which it was transferred.

• Hindu Succession Act, 1956: This Act governs the succession and inheritance of property. The rights of family members, including the grandmother, would be determined based on whether the property was ancestral or self-acquired by the grandfather and the terms of the partition deed. If it was a formal partition, the grandmother’s rights would have likely been settled at that time.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the threats are serious and accompanied by demands for money, certain provisions of the BNS may apply.
• Section 327 of BNS (Extortion): Demanding money under the threat of causing injury or filing a legal claim can amount to extortion.
• Section 351 of BNS (Criminal Intimidation): Threatening someone with injury to their person, reputation, or property to cause alarm is an offence under this section.

If you are the complainant

As the person being threatened and harassed, you have several legal remedies available.

• Consult with Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is an 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 in 7-10 days.
• Send a Legal Notice: Your lawyer can send a strongly worded legal notice to the uncle, refuting his baseless claims, stating your legal ownership of the property, and warning him of legal consequences if the harassment and threats continue.
• File a Civil Suit: You can file a suit for a ‘Declaration of Title’ and ‘Permanent Injunction’ in a civil court. This would seek a court order declaring your father as the absolute owner and permanently restraining the uncle and anyone acting on his behalf from interfering with your peaceful possession of the property.
• Initiate Criminal Proceedings: If the threats are severe and credible, you can file a police complaint (FIR) against the uncle for criminal intimidation and extortion under the BNS.

If you are the victim

Being a victim of such harassment can be stressful. It’s important to protect yourself legally and emotionally.

• Document Everything: Keep a detailed log of every threat, demand, and interaction. Save all text messages, emails, and if possible and legal in your jurisdiction, record threatening phone calls. Note the dates, times, and content of these communications.
• Avoid Direct Engagement: Do not get into arguments or confrontations with the relative. Let all communication be handled through your lawyer. This prevents the situation from escalating and ensures your words are not twisted against you.
• Secure Your Property: Ensure the physical and legal security of your property. Make sure all tax and revenue records are up-to-date and in your father’s name.

How the police behave in such cases

Often, the police may initially perceive such matters as civil disputes, especially if they revolve around ancestral property. They might be reluctant to file an FIR and may advise the parties to seek resolution in a civil court or through mediation. However, if you provide clear and compelling evidence of criminal offences like extortion or threats of violence, they are obligated to register a complaint under the relevant sections of the BNS. The investigation will then proceed according to the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

Can my grandmother legally claim a share in my father’s property now?
This depends entirely on the legal nature of the property and the transfer. If the property was the grandfather’s self-acquired property and he gifted it to your father, the grandmother would have no claim. If it was ancestral property that was partitioned, a mother (the grandmother) is entitled to a share equal to that of a son. However, her rights should have been settled and documented in the original partition deed. If she relinquished her share at that time, she cannot claim it now. A lawyer can determine her legal standing by examining the property documents.

Are the uncle’s monetary demands for “care expenses” legally enforceable?
No. Unless there was a written agreement where your father promised to pay a specific amount for the parents’ care, these verbal demands are not legally enforceable. They appear to be a tactic to extort money.

Can I get a restraining order against my uncle?
Yes. In civil law, this is known as an injunction. You can file a suit in court and request a temporary injunction to immediately restrain your uncle from trespassing, creating a nuisance, or interfering with the property while the case is being decided. This can eventually be made a permanent injunction.

What evidence is required?

To build a strong case, you will need:

• Property Documents: The registered partition deed, gift deed, or sale deed in your father’s name is the most crucial piece of evidence.
• Revenue Records: Updated land records (like Khasra, Khatauni, or Mutation records) showing your father as the owner.
• Proof of Threats: Text messages, call recordings, emails, or testimony from witnesses who have heard the threats.
• Financial Records: Any bank statements or documents related to the previous payment of Rs. 7 Lakhs, which can help establish a pattern of extortion.

How long will the investigation take?

A police investigation under the BNSS has prescribed timelines, but in practice, it can vary depending on the complexity of the case and the workload of the police. For a civil suit, the process can be lengthy, often taking several years for a final judgment. However, interim relief, such as a temporary injunction (restraining order), can usually be obtained much faster, often within a few weeks or months of filing the case, to provide immediate protection.

Advocate Sudhir Rao, Supreme Court of India